POLICE FORCE AND PRISONS SERVICE COMMISSION ACT

CHAPTER 241
POLICE FORCE AND PRISONS SERVICE COMMISSION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

REGULATIONS

The Police Force Service Regulations

The Prisons Service Regulations

REGULATIONS

THE POLICE FORCE SERVICE REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

Title

PART I
PRELIMINARY PROVISIONS

A. 1. Citation.

A. 2. Interpretation.

PART II

A. 3. Constitution and abolition of Police Offices.

PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS) CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)

A. Police Officers of and above the rank of Senior Assistant Commissioner of Police

B. 1. Application of Head A.

B. 2. Powers of appointment and promotion.

B. 3. Notification of vacancies in offices above Assistant Commissioner.

B. Police Officers of the Rank of Assistant Inspector of Police up to and including that of Assistant Commissioner

B. 4. Application of Head B.

B. 5. Powers of Commission.

B. 6. Selection of candidates.

B. 7. Notification of vacancies in other offices.

B. 8. Advertisement of vacant posts.

B. 9. Vacancies dependent on examinations.

C. Police Officers below the rank of Assistant Inspector

B. 10. Application of Head C.

B. 11. Powers of the Inspector General.

B. 12. Enlistment and re-engagement.

B. 13. Previous service elsewhere to count for gratuity.

B. 14. Discharge of non-pensionable officers.

D. General and Miscellaneous

B. 15. Terms of appointment.

B. 16. Probationary period on first appointment.

B. 17. Promotion on trial.

B. 18. Further engagement.

B. 19. Termination of appointments of non-pensionable officers.

B. 20. Termination of appointment on disciplinary grounds.

B. 21. Termination of appointment on medical grounds.

B. 22. Not to resign without permission.

B. 23. Declaration on joining the Force.

B. 24. Other interests prohibited.

B. 25. Prolongation of service in case of war.

B. 26. Cases not covered by this part.

B. 27. Special procedure.

PART IV
DISCIPLINE

A. General

C. 1. Discipline.

C. 2. Disciplinary authority for ranks above Senior Assistant Commissioner.

C. 3. Disciplinary authority in case of Officers below Senior Assistant Commissioner.

C. 4. Junior Police Officers.

C. 5. Offence against discipline.

C. 6. Procedure at inquiries into disciplinary offences: Inspectors.

C. 7. Procedure at inquiries into disciplinary offences: non-commissioned officers and constables.

C. 8. Power of disciplinary authorities.

B. Disciplinary proceedings Senior Police Officers

C. 9. Type of proceedings.

C. 10. Cases where formal proceedings applicable.

C. 11. Cases where summary proceedings applicable.

C. 12. Commencement of formal proceedings.

C. 13. Inquiry into disciplinary charge.

C. 14. Certain persons not to be appointed inquiry officers.

C. 15. Inquiring procedure.

C. 16. Conclusion of inquiry.

C. 17. Procedure in summary proceedings.

C. 18. Appeals.

C. 19. Criminal offence in respect of disciplinary matters.

C. 20. Fines to be recovered by stoppage of pay.

C. 21. Where a Police Officer commits a criminal offence.

C. 22. Punishment.

C. 23. Interdiction, suspension and withholding of increments.

PART V
FINANCIAL BENEFITS

D. 1. Commencement of pay.

D. 2. Cessation of pay.

D. 3. Cessation of allowance.

D. 4. Leave without pay and allowances.

D. 5. Issue of pay and allowances.

D. 6. Delay in submission of claims.

PART VI
PAY FOR POLICE OFFICERS

E. 1. Police Emoluments Committee.

E. 2. Rates of pay and allowances for Police Officers.

E. 3. Granting of increments.

E. 4. Rules for reckoning increments on promotion.

PART VII
ALLOWANCES AND OTHER EMOLUMENTS FOR POLICE OFFICERS

F. 1. Restriction on payment of allowances.

F. 2. Restrictions on payments for private employment of Police Officers.

F. 3. Subsistance allowance.

F. 4. Trade pay allowance.

F. 5. Professional allowance.

F. 6. Rent assistance allowance.

F. 7. Plain clothes allowance.

F. 8. Outfit allowance.

F. 9. Living allowance.

F. 10. Detective allowance.

F. 11. Dog handling allowance.

F. 12. Bicycle allowance.

F. 13. Band allowance.

F. 14. Driver's proficiency allowance.

F. 15. Instructors' allowance.

F. 16. Responsibility allowance.

F. 17. Transport allowance.

F. 18. Mileage allowance.

F. 19. Marine allowance.

F. 20. Flying allowance.

F. 21. Special skills allowance.

F. 22. Licence endorsement allowance.

F. 23. Hardship allowance.

F. 24. Professional risk allowance.

F. 25. Stress allowance.

F. 26. Signals allowance.

F. 27. Foreign service allowance.

F. 28. Entertainment allowance.

F. 29. Disturbance allowance.

F. 30. Night Duty allowance.

PART VIII
PENSIONS AND GRATUITIES

HEAD A

G. 1. Application of Head A.

G. 2. When gratuity may be granted.

G. 3. Where Police Officer dies while on contract.

G. 4. Where death occurs before receipt of gratuity.

G. 5. Recovery of debt from gratuity.

G. 6. Gratuity not assignable.

HEAD B

G. 7. Special provisions on retiring benefits.

G. 8. Transport entitlement on retirement.

PART IX

H. 1. [Revocation and savings.]

THE POLICE FORCE SERVICE REGULATIONS

(Section 22)

[1st January, 1995]

G.Ns. Nos.
... of 1995
161 of 1998

PART I
PRELIMINARY PROVISIONS (regs A.1-A.2)

A.1. Citation

These Regulations may be cited as the Police Force Service Regulations.

A.2. Interpretation

(1) In these Regulations, unless the context otherwise requires–

"the Act" means the Police Force and Prisons Service Commission Act *;

"an increment" means an increase of pay of a prescribed amount granted annually on incremental scales until the maximum of the scale is reached;

"appointment" includes:–

(a) a probationary or a temporary appointment;

(b) an acting appointment where the person appointed to such acting appointment is, under the terms of his appointment, entitled to the salary of the post to which he is so appointed;

"appropriate tribunal" in the case of–

(a) an Inspector means the Inspector General of Police, a Commissioner, a Deputy Commissioner, a Senior Assistant Commissioner, Assistant Commissioner or a board consisting of not less than two Senior Police Officers appointed by the Inspector General;

(b) a non-commissioned officer or a constable means a Senior Police Officer;

"child" means–

(a) unmarried child, child born out of wedlock, step-child, legally adopted child or child of a deceased near relative, who is not more than eighteen years of age and is wholly maintained by the officer;

(b) unmarried child, child born out of wedlock, step-child, legally adopted child or child of a deceased near relative, of any age, who because of physical or mental infirmity is unable to earn a living and is therefore wholly maintained by the officer;

(c) unmarried child of any age who for reasons of undergoing studies at any recognised institution is unable to earn a living and is wholly maintained by the officer;

"Commanding Officer" means the Inspector General, a Commissioner, a Deputy Commissioner, a Senior Assistant Commissioner, an Assistant Commissioner, a Regional Police Commander and a Senior Police Officer for the time being in charge of any of those branches of the Police Force known as the Criminal Investigation Department, the Field Force, the Marine Unit, the Police Air Wing, the Police College, the Police Training School, the Police Railways Division, the TAZARA Police, the Signals Branch, the Airport Police Division and the Dog and Horse Unit or any other Unit/Branch or Division as may be prescribed from time to time by the Inspector General of Police;

"Commission" means the Police Force and Prisons Service Commission established under section 4 of the Police Force and Prisons Service Commission Act *;

"Commissioner" means a Commissioner of Police appointed under section 8 of the Police Force and Auxiliary Services Act *;

"Committee" means the Police Force Emoluments Committee established under Regulation E.1 of these Regulations.

"Disciplinary Authority" shall have the meaning assigned to that term by Regulations C.2, C.3, C.4 and includes in any case where the powers of a disciplinary authority are exercised by the President under the authority of regulation C.2, the Permanent Secretary to the President;

"eligible post" means any post in the Police Force prescribed by the Inspector General for eligibility of responsibility allowance;

"Inquiry Officer" means an officer appointed to carry out an inquiry under regulation C.13;

"Inspector" means an Inspector of Police and includes an Assistant Inspector of Police;

"Inspector General" means the Inspector General of Police;

"Junior Police Officer" means a Police Officer of or below the rank of Inspector;

"Member" means a member of the Commission and includes the Chairman and the Vice-Chairman;

"Minister" means the Minister for the time being responsible for matters relating to the Police Force;

"night duty" means a scheduled duty tour of a duration of not less than six consecutive hours and such duty tour extends beyond midnight;

"performance standard" shall mean the standard of performance prescribed by the Inspector General;

"Police Force" means the Police Force of the United Republic of Tanzania constituted in accordance with the Police Force and Auxiliary Services Act *;

"Permanent Secretary" means the Permanent Secretary of the Ministry for the time being responsible for matters relating to the Police Force;

"professional qualification" means advanced diploma, any recognised university degree, or other recognised equivalent qualification from a recognised University or Institution;

"Senior Police Officer" means a Police Officer above the rank of Inspector;

"stress post" means any post in the Police Force designated by the Inspector General for the purpose of stress allowance;

"Technician Certificate" means a certificate issued by a recognised Institution to the effect that the person named therein has acquired technical skills of a particular trade at specific level.

(2) Subject to the provisions of paragraph (1) the definitions set out in section 2 of the Police Force and Auxiliary Services Act * shall apply to these Regulations in so far as the same may be applicable.

PART II
CONSTITUTION AND ABOLITION OF POLICE OFFICES (reg A.3)

A.3. Powers to constitute and abolish offices

(1) The powers of constituting and constitute abolishing offices in the Police Force are and vested in the President.

Application for constitution of an office

(2) An application for the constitution of an office in the Police Force shall be made by the Permanent Secretary to the President and every such application shall state–

(a) the title of the proposed office;

(b) the salary or salary scale to be attached to the proposed office;

(d) the reason why the constitution of the proposed office is considered desirable;

(e) the qualifications which will be required of a holder of the proposed office and the duties which such holder of the proposed office will be required to perform;

(f) whether or not funds are available;

(g) such other matters as the President may require.

(3) An application for the abolition of an office in the Police force shall be made by the Permanent Secretary to the President and every such application shall state–

(a) the reason it is considered desirable that the office should be abolished;

(b) such other matters as the President may require.

PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS) CONFIRMATION
OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE
THAN BY DISCIPLINARY PROCEEDINGS) (regs B.1-B.27)

A. Police Officers of and above the rank of Senior Assistant Commissioner of Police (regs B.1-B.3)

B.1. Application of Head A

This part of these Regulations shall apply to officers in the Police Force and above the rank of Senior Assistant Commissioner.

B.2. Powers of appointment and promotion

The power of appointment, promotion, confirmation and termination of appointment of Police Officers of and above the rank of Senior Assistant Commissioner are vested in the President of the United Republic of Tanzania.

B.3. Notification of vacancies in offices above Assistant Commissioner

(1) Where a vacancy occurs or it is known that a vacancy will occur in an office above the rank of Assistant Commissioner, the Inspector General shall notify the Permanent Secretary who in turn shall notify the Minister and the Permanent Secretary in the President's Office. The Permanent Secretary in the President's Office shall forward the same to the President stating whether–

(a) the vacancy should be filled by the promotion or transfer of a serving Police Officer; or

(b) it is likely that a suitable candidate will be found serving elsewhere in a Government department; or

(2) Where the Inspector General recommends the promotion or transfer of a serving Police Officer to fill the vacancy, he shall furnish to the Permanent Secretary, who shall in turn forward to the Permanent Secretary in the President's Office. The Permanent Secretary in the President's Office shall forward with his opinion to the President for decision, the record of service in Tanzania of the officer recommended together with names of any Police Officers who would be superseded and reasons for recommending such supersession.

(3) Where the Inspector General is unable to recommend the promotion or transfer of a serving Police Officer to fill the vacancy, he shall notify the Permanent Secretary who in turn shall inform the Permanent Secretary in the President's office. The Permanent Secretary in the President's office shall inform the President of the names of officers holding the rank from which promotion would normally have been made together with reasons for not recommending those officers for his decision.

(4) Where the Inspector General is of the opinion that no suitable candidate is likely to be found in Tanzania, he shall notify the Permanent Secretary in the President's Office for onward information to the President, of the arrangements which exist or are in prospect for the training of local candidates to fill such vacancy.

B. Police Officers of the rank of Assistant Inspector of Police up to and including that of Assistant Commissioner (regs B.4-B.9)

B.4. Application of Head B

This part of these Regulations shall apply to officers in the Police Force of or above the rank of Assistant Inspector up to and including that of Assistant Commissioner.

B.5. Powers of Commission

(1) The Commission shall have the following powers in respect of officers of the rank of Assistant Inspector up to and including the rank of Assistant Commissioner –

(a) the power of appointment (including appointments on promotion);

(b) the power of confirmation in his appointment of any Police Officer appointed on probation or the extension of the probationary period of any such officer;

(2) The Commission may, subject to any instructions which it may from time to time issue, depute the Permanent Secretary to exercise on its behalf all or any of the powers conferred on the Commission by paragraph (1) in respect of any Police Officer appointed or to be appointed on temporary terms.

B.6. Selection of candidates

(1) In selecting candidates for appointment (including appointments on promotion) the Commission will have regard primarily to the efficiency of the Police Force.

(2) As between officers having the same degree of preference, greater weight will be given to qualifications, experience, proved merit and suitability for the post in question than to seniority.

B.7. Notification of vacancies in other offices

(1) Where a vacancy occurs or it is known that a vacancy will occur in any office to which this part of these Regulations applies, the Inspector General shall notify the Commission.

(2) Where notification of a vacancy is given under this regulation the Inspector General shall make to the Commission recommendations stating whether in his opinion–

(a) the vacancy should be filled by the promotion or transfer of a serving Police Officer; or

(b) it is likely that a suitable candidate will be found elsewhere in a Government department; or

(3) Where the Inspector General recommends the promotion or transfer of a serving Police Officer to fill the vacancy, he shall furnish to the Commission the record of the officer recommended together with names of any Police Officers who would be superseded and the reasons for recommending such supersession.

(4) Where the Inspector General is unable to recommend the promotion or transfer of a serving Police Officer to fill the vacancy, he shall report to the Commission the names of the officers holding the rank from which promotion would normally be made together with his reasons for not recommending those officers for promotion.

B.8. Advertisement of vacant post

(1) Subject to the provisions of paragraph (2) below, applications for appointment to vacant posts will be invited by public advertisement in Tanzania in such manner as the Commission may determine.

(2) A vacant post will not be advertised where the Commission is satisfied that the post should be filled by the promotion, transfer or a re-engagement of a serving officer or the continued employment of an officer on temporary terms.

B.9. Vacancies dependent on examinations

Where vacancies are to be filled according to the results of examinations held under the authority of the Commission the procedures set out on the preceding regulations of this part shall not apply and the Commission will make arrangements as may be appropriate.

C. Police Officers below the rank of Assistant Inspector (regs B.10-B.14)

B.10. Application of Head C

This part of these Regulations shall apply to officers in the Police Force below the rank of Assistant Inspector.

B.11. Powers of Inspector General

The power in respect of Police Officers below the rank of Assistant Inspector in relation to appointment, promotion and termination of appointment re-engagement for further service on or after completion of an initial period of service, retirement on or after reaching voluntary retirement age, are hereby vested in the Inspector General.

B.12. Enlistment and re-engagement

(1) Enlistment in any rank below that of Assistant Inspector shall be for a period of three years or such lesser period as may from time to time be determined by the Inspector General. On the completion of the first period of enlistment or within three months before such completion the Inspector General may, in his discretion approve re-engagement for a further period of three years or such lesser period as he may from time to time determine and may similarly approve further re-engagements.

(2) Notwithstanding the provisions of paragraph (1) above a police cadet shall be enlisted for a period of seven years or such lesser period as may from time to time be determined by the Inspector General.

(3) No person who is under the age of eighteen years may be enlisted without the prior consent of his parent or guardian, and where such parent or guardian cannot be found, without the prior approval of District Commissioner of the district in which such person normally resides.

(4) On completion of not less than twelve years of continuous service, the Inspector General may recommend to the Permanent Secretary, admission to pensionable status of any Police Officer below the rank of Assistant Inspector if such officer has applied for such admission and the Inspector General is satisfied that he is, in all respects, suitable to be granted pension. On such admission he shall be confirmed in his appointment and shall cease to be eligible for the award of retiring benefits under the provisions of the Police Force and Auxiliary Services Act *.

(5) If any non-pensionable Police Officer below the rank of Assistant Inspector offers to re-engage for service within six months after having received his discharge, he shall, if there is a vacancy and if the Inspector General approves of his re-engagement, be entitled to the rank or grade which he held at the date of his discharge and his service shall, if the Inspector General approves, be deemed to be continuous for the purposes of the award of a gratuity under the provisions of the Police Force and Auxiliary Services Act *.

(6) If any such officer as described in paragraph (5) is permitted to re-engage for service after the expiration of six months from the date of his discharge, the Inspector General may, subject to the approval of the Permanent Secretary, allow his previous service or part thereof to count for the purpose of the award of a gratuity under the provisions of the Police Force and Auxiliary Services Act *, and the question of his reinstatement in the rank or grade which he held at the date of his discharge shall be decided by the Inspector General in his discretion.

B.13. Previous service elsewhere to count for gratuity

(1) If any non-pensionable Police Officer below the rank of Assistant Inspector who has previously served in an approved Police Service or in the Public Service, is enlisted in the Force within six months after having received his discharge from such previous service he may, subject to the approval of the Permanent Secretary, be allowed to count for the purpose of the computation of the gratuity for which he may become ultimately eligible under the provisions of the Police Force and Auxiliary Services Act *, his period of previous service in such Police Service or Prisons Service as if it had been service in the Police Force:

Provided that any period of such previous service in respect of which a gratuity has been paid or a pension is being enjoyed shall not be so counted.

(2) In this regulation "approved Police Service" means a Police Service constituted similarly to the Police Force and approved by the Permanent Secretary for the purposes of this regulation.

B.14. Discharge of non-pensionable officers

(1) Subject to the provisions of these Regulations, any non-pensionable Police Officer below the rank of Assistant Inspector who has completed his period or periods of service in accordance with the provisions of these Regulations shall be discharged by the officer in charge of Police at the place where he is stationed unless at the date of such completion of service he is undergoing punishment for or stands charged with the commission of any offence against discipline under these Regulations, in which case his service shall be prolonged and his discharge deferred until such punishment shall have terminated or until he has undergone his trial and has been acquitted or has suffered any punishment which may have been imposed in respect of the offence charged.

(2) Any Police Officer below the rank of Assistant Inspector may be discharged by the Inspector General at any time–

(a) if after investigation and after giving the officer an opportunity to make representations the Inspector General considers that he is likely to become or has ceased to be an efficient Police Officer;

(b) if he is pronounced by a Government medical officer to be mentally or physically unfit for further service;

(d) on reduction of establishment;

(e) on purchase of his discharge, with the approval of Inspector General at the following rates–

- One full month - during the first year gross salary of service contract;

- Two thirds of full - during the second month gross salary, year of service contract;

- One half of full - during the third month gross salary, or any subsequent year of service;

(these rates may be varied by the Inspector General from time to time and be published in the Force Orders):

Provided that if at the date of the purchase of discharge such officer has not completed the period of service for which he was first enlisted, he shall refund the whole or such portion of the cost (if any) as the Inspector General may determine, incurred by the Government:

And provided further that the Inspector General shall have power to waive the payment of the whole or a portion of the payment for purchase of discharge in such circumstances as he shall deem fit.

(3) The Inspector General may delegate the power conferred by paragraph (2) of this regulation to the Commanding Officer.

(4) In reckoning the service of any non-pensionable Police Officer for purposes of discharge, there shall in all cases be excluded therefrom all periods during which such officer has been absent from duty for any of the following reasons–

(a) imprisonment for any cause save that of detention awaiting any trial which has resulted in his acquittal or discharge;

(b) desertion;

(5) Every Police Officer who is discharged under the provisions of this regulation shall be granted a certificate of discharge in such form as the Inspector General may determine and shall, until he has received such certificate of discharge remain subject to the provisions of the Police Force and Auxiliary Services Act *.

D. General and Miscellaneous (regs B.15-B.27)

B.15. Terms of appointment

(1) The terms of appointment to be offered to any person, other than a serving Police Officer, on his appointment to an office in the Police Force shall, subject to the provisions of the Police Force and Auxiliary Services Act * be determined by the Commission.

(2) No person who is not a citizen of the United Republic shall be appointed, otherwise than on transfer or promotion, on pensionable terms to any office in the Police Force except with the prior approval of the President.

(3) Subject to the provisions of paragraph (2) no person who is not a citizen of the United Republic shall be appointed to any office in the Police Force unless the Commission is satisfied that no citizen of the United Republic of Tanzania qualified and suitable for appointment is available, and the Inspector General certifies that it would not be in the public interest for the office to remain vacant.

B.16. Probationary period on first appointment

(1) Where any person is first appointed to an office in the Police Force (otherwise than on promotion to such office) on pensionable terms he shall serve a probationary period of two years.

(2) Not later than three months before the expiration of any probationary period the Commission shall consider whether–

(a) the officer should be confirmed in his office; or

(b) the probationary period should be extended so as to afford the officer further opportunity to pass any examination, the passing of which is a condition of the appointment, his service otherwise being satisfactory; or

(c) the probationary period should be extended to afford the officer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or

(d) the officer's appointment should be terminated.

(3) Where the Commission is of opinion that a probationary period should be extended under subparagraph (c), or an appointment be terminated under subparagraph (d) of paragraph (2) it shall, before extending such period or terminating such appointment, by letter inform the officer of its intention to extend such period or terminate such appointment and of the right of the officer to make representations thereon within a period to be specified in the letter, and require the officer to acknowledge receipt of the letter in writing, within that period.

(4) Notwithstanding the provision of paragraph (2) but subject to the provisions of paragraph (3) the Commission may at any time terminate a probationary appointment.

(5) The Commission may reduce a probationary period if the officer concerned has fulfilled all the requirements necessary to be fulfilled before he is confirmed in his appointment and either–

(a) he has previously served in that office or in a similar office on non-pensionable terms; or

(b) the reduction of the probationary period is necessary for administrative reasons:

Provided that no probationary period shall be reduced under this paragraph by a period exceeding the period which the officer concerned has served in such office or similar office on non-pensionable terms or a period of one year, whichever shall be the lesser.

B.17. Promotion on trial

(1) Where an officer has been promoted to the rank of Assistant Inspector or to any rank senior to that of Assistant Inspector and including that of Assistant Commissioner the Permanent Secretary may, at any time within six months (exclusive of any period of leave) of the effective date of promotion, if he is of the opinion that the officer has failed satisfactorily to perform all the duties of the post to which he was promoted, advise the officer that his reduction to his former rank is under consideration and ask if he wishes to make any representations. The Permanent Secretary shall forward such representations, if any, together with his own observations, to the Commission.

(2) The Commission will, if it is of the opinion that the report of the Permanent Secretary should be amplified in any way, refer the matter back to the Permanent Secretary for further report.

(3) The Commission will decide whether or not the officer should be reduced to his former rank but may, where it considers that the work or conduct of the officer requires or warrants further trial, adjourn its consideration of the matter for such period or periods as it may decide.

(4) In this regulation reference to the Commission shall, in the case of an officer who has been promoted to a rank above that of Assistant Commissioner, be construed as references to the President.

B.18. Further engagement

Where an officer is serving on contract and is willing to engage on a further tour of service, the Permanent Secretary shall notify the Commission of the date when such contract will expire, and his recommendation whether it should be renewed or not. So far as is practicable, every such notification shall be forwarded to the Commission in sufficient time to enable the Commission to make a decision prior to the date when the contract expires.

B.19. Termination of appointments of non-pensionable officers

(1) The power to terminate (otherwise than by dismissal), in accordance with the provisions of the contract, is hereby vested in of the Permanent Secretary subject to such instructions as the Commission may from time to time issue and, subject to any such instructions, no reference with regard to the exercise thereof shall be required to be made to the Commission.

(2) The Permanent Secretary may authorise the Inspector General to exercise on his behalf all or any of the powers herein before delegated to the Permanent Secretary subject to such instructions as the Permanent Secretary may from time to time issue.

B.20. Termination of appointment on disciplinary grounds

If it appears to the Permanent Secretary that there is reason why an officer who has not attained the age of fifty-five years and who holds a pensionable office should be called upon to retire from the public service otherwise than on grounds of ill-health, the Permanent Secretary shall advise the officer that his compulsory retirement is under consideration and ask if he wishes to make any representations of a personal nature on the matter. The Permanent Secretary shall forward such representations, if any, together with his own observations to the Commission, and the Commission will decide whether such officer should be called upon to retire.

B.21. Termination of appointment on medical grounds

(1) Where it appears to the Permanent Secretary that an officer is incapable by reason of any infirmity of mind or body of discharging the functions of his office, he may (and shall if the officer so requests) call upon such officer to present himself to a medical practitioner approved by the Chief Medical Officer or to a Medical Board appointed in that behalf by the Chief Medical Officer with a view to it being ascertained whether or not such officer is incapable as aforesaid.

(2) After the officer has been examined by the medical practitioner or the Medical Board, as the case may be, the Chief Medical Officer shall forward the report of the examination, together with his own recommendations, to the Permanent Secretary. The Permanent Secretary shall forward the same, together with his own recommendations and any representations which the officer concerned wishes to make, to the Commission which shall decide whether the officer should be called upon to retire on medical grounds.

(3) In this regulation, reference to the Commission shall, in the case of an officer above the rank of Assistant Commissioner, be construed as reference to the President and in paragraph (1) of this regulation, references to the Permanent Secretary and the Chief Medical Officer shall be deemed to include references to the Senior Officer of the relevant Ministry or Division in a region.

B.22. Not to resign without permission

No Police Officer below the rank of Superintendent shall be at liberty to resign from the Police Force while serving a period of engagement or re-engagement unless expressly permitted to do so by the Inspector General or by some other person authorised by the Inspector General to grant such permission.

B.23. Declaration on joining the Force

(1) Every Police Officer shall, on appointment or enrolment, make and sign a declaration of allegiance before a magistrate or a Police Officer of or above the rank of Assistant Commissioner in such manner as he may declare to be most binding on his conscience, in such form as may be determined by the Inspector General.

(2) Before making the declaration as aforesaid, the person who is appointed or enlisted shall answer truthfully any questions which may be put to him as to his previous employment or occupation and as to whether he has at any time been convicted of a criminal offence.

(3) Any person who wilfully makes a false statement in reply to a question put to him under paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.

(4) Provided that Police Officers of or above the rank of Assistant Superintendent holding or acting in an office in the service of the United Republic shall take and subscribe the oath of allegiance in accordance with the Official Oaths Act *.

B.24. Other interests prohibited

No Police Officer shall without the consent of the Inspector General obtained in writing, engage in any employment or office whatsoever otherwise than in accordance with his duties under the Police Force and Auxiliary Services Act *.

B.25. Prolongation of service in case of war

Notwithstanding any other provisions of under these Regulations any Police Officer in whose period of service expires during a state of war, insurrection or hostilities may be retained by the Inspector General and his service prolonged for such further period as the Inspector General may direct.

B.26. Case not covered by this part

Any case not covered by this part of these Regulations shall be dealt with in accordance with such instructions as may, from time to time be issued by the President or his delegate.

B.27. Special procedure

Where the Commission is satisfied that the public interest requires that any matter related to the appointment (including appointment on probation and transfers), or confirmation in his appointment of an officer of or above the rank of Assistant Inspector, be dealt with otherwise than in accordance with the procedure laid down in these Regulations, the Commission shall refer the matter to the President and shall deal with the matter in accordance with such directions as may be given by the President.

PART IV
DISCIPLINE (regs C.1-C.23)

A. General (regs C.1-C.8)

C.1. Discipline

Subject to the provisions of this part of these Regulations, any offence against discipline or any other misconduct by any Police Officer shall be dealt with in accordance with these or other Regulations or Orders.

C.2. Disciplinary authority for ranks above Senior Assistant Commissioner

Disciplinary authority for officers of or above the rank of Senior Assistant Commissioner of Police shall be the Permanent Secretary and the final disciplinary authority shall be the President as stipulated under section 7(2) of the Police Force and Prisons Service Commission Act *.

C.3. Disciplinary authority in case of Officers below Senior Assistant Commissioner

(1) Subject to the provisions of section 7(3) of the Police Force and Prisons Service Commission Act *, the disciplinary authority in the case of any Police Officer of the rank of Assistant Inspector to the rank of Assistant Commissioner shall be the Inspector General, and the final disciplinary authority is vested in the Commission.

(2) Any offence against discipline or any other misconduct by a Senior Police Officer shall be dealt with in accordance with these provisions.

(3) Where the Inspector General is of the opinion that the gravity of any charge which is found to have been proved warrants the infliction of any of the following punishments–

(a) dismissal; or

(b) termination of appointment otherwise than by dismissal; or

(d) reduction in salary,

he shall not determine the punishment to be inflicted but shall submit to the Permanent Secretary a report on the investigation of the charge together with details of any matters which in his opinion aggravate or alleviate the gravity of the case.

(4) Where a report is submitted by the Inspector General under this regulation the Permanent Secretary shall consider the report and–

(a) may, if he is of the opinion that the report should be amplified or that further investigation is desirable, refer the matter back to the Inspector General for further investigation and report;

(b) shall, after considering any further report, determine the punishment, if any, to be inflicted and inform the accused officer of such determination.

C.4. Junior Police Officers

The powers of discipline in respect of shall be exercised by Officers the Inspector General, Commanding Officer, Senior Police Officers and appropriate tribunals to the extent set out and otherwise in accordance with the provisions of this part of these Regulations.

C.5. Offence against discipline

Any Junior Police Officer who–

(i) persuades or endeavours to persuade, procures or attempts to procure, or assists any Police Officer to desert, or being cognizant of any such desertion or intended desertion does not without delay give information thereof to his superior officer;

(ii) strikes or uses or offers violence against his superior officer;

(iii) uses threatening or insubordinate language to his superior officer;

(iv) is guilty of insubordinate conduct;

(v) causes a disturbance in any police lines, barracks or station;

(iv) is disrespectful in work, act or demeanour to his superior officer;

(vii) refuses to obey any lawful order of his superior officer;

(viii) fails to comply with any lawful order given to him by his superior officer;

{mprestriction ids="1,2,3"}

(ix) renders himself unfit for duty by reason of intoxication;

(x) drinks intoxicating liquor when on duty;

(xi) is drunk on duty, or in any police lines, barracks or station, or in uniform;

(xii) absents himself without leave;

(xiii) is asleep while on duty;

(xiv) leaves his post before he is regularly relieved except in fresh pursuit of any offender whom it is his duty to apprehend;

(xv) being under arrest or in confinement, leaves or escapes from his arrest or confinement before he is set at liberty by proper authority;

(xvi) neglects or refuses to assist in the apprehension of any member of the Force charged with any offence when lawfully ordered so to do;

(xvii) negligently allows to escape any prisoner who is committed to his charge or whom it is his duty to keep or guard;

(xviii) offers or uses unwarrantable personal violence to or ill-treats any person in his custody;

(xix) is guilty of cowardice;

(xx) discharges any firearms without orders or just cause;

(xxi) without reasonable cause fails to appear at any parade appointed by his superior officer;

(xxii) pawns, sells, loses or damages by neglect, makes away with, wilfully damages or fails to report any damage to any arm, ammunition, accoutrement, uniform, vehicle or other article supplied to him or any property committed to his charge;

(xxiii) is in unlawful possession of any public property, or any property of any other member of the Force, or any property of a person in his custody;

(xxiv) commits any act of plunder, or wanton destruction of property;

(xxv) accepts or solicits a bribe or gratuity;

(xxvi) is slovenly, inattentive, uncivil or quarrelsome;

(xxvii) parades for duty, dirty or untidy in his person, arms, clothing or equipment;

(xxviii) without due authority discloses or conveys any information concerning any investigation or other police or departmental matter;

(xxix) makes or signs any false statement in any official record or document;

(xxx) makes or joins in making any anonymous complaint;

(xxxi) malingers or feigns or wilfully causes any disease or infirmity;

(xxxii) is guilty of wilful misconduct or wilfully disobeys, whether in hospital or elsewhere, any orders, and so causes or aggravates any disease or infirmity or delays its cure;

(xxxiii) has contracted venereal or other disease and fails to report without delay to a Government medical officer for treatment;

(xxxiv) incurs debt in or out of the force which he is unable to discharge;

(xxxv) without proper authority extracts from any person, carriage, portage or provisions;

(xxxvi) resists an escort whose duty it is to apprehend him or to have him in charge;

(xxxvii) having been lawfully confined, breaks out of police lines, camp or quarters;

(xxxviii) makes any false statement upon joining the Force;

(xxxix) refuses or neglects to make or send any report or return which it is his duty to make or send;

(xl) knowingly makes a false accusation against any member of the Force;

(xli) in making a complaint against any member of the Force knowingly makes a false statement affecting the character of such member or knowingly and wilfully suppresses any material facts;

(xlii) engages without authority in any employment or office other than his police duties;

(xliii) becomes surety for any person or engages in any loan transaction with any police officer without the permission in writing of the Inspector General;

(xliv) if called upon by a Senior Police Officer to furnish a full and true statement of his financial position, fails to do so;

(xlv) wilfully disobeys any regulation or order of the Force;

(xlvi) is guilty of any act, conduct, disorder or neglect to the prejudice of the good order or discipline of the Force, or in violation of duty in his office, or any other misconduct as a member of the Force not herein before specified,

shall be deemed to have committed an offence against discipline and shall suffer such punishment according to the degree and nature of the offence as may be imposed in accordance with the provisions of these Regulations.

C.6. Procedure at inquiries into disciplinary offences: Inspectors

(1) [Omitted.]

(2) The Inspector General shall either proceed to inquire into the charge himself or appoint another appropriate tribunal to do so.

(3) The Inspector General may appoint a prosecutor for any inquiry and the Inspector charged shall, whether a prosecutor is appointed or not, have the right to be represented by another Inspector or, with the approval of the Inspector General, a Senior Police Officer who may conduct his defence on his behalf. No advocate may appear before any inquiry on behalf of an Inspector charged.

(4) The Inspector charged shall be given copies of or reasonable access to such police records and other documents as he requires which are necessary to enable him to prepare his defence, other than any records or documents in respect of which the Inspector General is of the opinion that privilege could be claimed before a court.

(5) The appropriate tribunal shall inform the Inspector charged of the day upon which the charge or charges against him will be investigated, and that the Inspector will be required to appear before it to defend himself.

(6) If witnesses are examined by an appropriate tribunal, the Inspector charged shall be given an opportunity to put questions on his own behalf to the witnesses, and no documentary evidence shall be used against him unless he has been previously supplied with a copy thereof or given access thereto.

(7) Evidence shall not be taken on oath.

(8) When the hearing of the inquiry has been concluded, the appropriate tribunal shall come to a finding on each of the charges and–

(a) if the Inspector General is the appropriate tribunal, he may give his finding forthwith and, if he finds the Inspector guilty of any of the charges against him, make an award or reserve his finding and award (or his award only), or, if having found the Inspector guilty of any of the charges against him, he considers that the circumstances of the case are such as to merit dismissal, he shall report the case to the Permanent Secretary together with a record of all the proceedings therein and his findings and recommendation for dismissal, and the Permanent Secretary may dismiss the Inspector or remit the case to the Inspector General, in which case the Inspector General may award any punishment which he has power to award under paragraph (1) of regulation C.8;

(b) if the Inspector General is not the appropriate tribunal, the tribunal, if it finds the Inspector guilty of any charge, shall forward the record of the inquiry together with its findings and its recommendation as to an award to the Inspector General;

(i) confirm all or any of the findings or substitute for any finding of the tribunal any other finding at which the tribunal could have arrived upon the evidence, and himself make an award in relation thereto or, if he considers that the circumstances of the case are such as to warrant dismissal, proceed in accordance with the provisions of subparagraph (a) of this paragraph; or

(ii) quash any finding and acquit the defaulter in respect thereof or order a retrial on such charge or charges as he may specify.

(9) Where an inspector has pleaded guilty in writing and such plea is accepted by the Inspector General, it shall operate in all respects as a finding of guilty by an appropriate tribunal.

C.7. Procedure at inquiries into disciplinary offences: non-commissioned officers and constables

(1) Where it appears to a Senior Police Officer that there is a prima facie case against a non-commissioned officer or a constable (hereinafter in this regulation referred to as "the defaulter") for an offence against discipline, he shall frame a charge or charges against the defaulter.

(2) The Senior Police Officer aforesaid may–

(a) proceed to hear the charge or charges himself; or

(b) report the charge to his Commanding Officer, who may either proceed to hear the charge or charges himself or remit the case to the reporting officer with instructions to hear the charge or charges, or appoint another appropriate tribunal to hear the charge or charges; or

(3) The defaulter shall be informed of the date and time at which he will be required to appear before the appropriate tribunal.

(4) The charge or charges shall first be read over the defaulter who shall be required to plead guilty or not guilty to each charge separately.

(5) At the conclusion of the hearing, the appropriate tribunal may give its finding forthwith and, if it finds the defaulter guilty of any of the charges against him, or if the defaulter has pleaded guilty thereto, make an award, or reserve its findings and award (or its award only). The findings and award shall be communicated personally to the defaulter.

(6) Where the defaulter pleads or is found guilty but the appropriate tribunal considers that the punishment which it can award is insufficient to meet the gravity of the case, it shall not make an award but send a report to the Commanding Officer together with a copy of the proceedings, its finding and the reasons therefor.

(7)(a) On receipt of a report and the other documents referred to in paragraph (6) of this regulation, a commanding officer may–

(i) confirm all or any of the findings or substitute for any finding of the appropriate tribunal any other finding at which the tribunal could have arrived upon the evidence and either himself make an award in relation thereto, in which case he shall communicate the same to the appropriate tribunal.

(ii) quash any finding and acquit the defaulter in respect thereof or order a re-trial on such charge or charges as he may specify.

(b) The appropriate tribunal shall communicate the award to the defaulter in person.

(8) Notwithstanding the foregoing provisions of this regulation, a commanding officer may, where he is satisfied that no injustice would thereby be caused to the defaulter, depute or authorise a Senior Police Officer to depute an officer to record any plea or any evidence under this regulation and where an officer so records a plea or any evidence such plea of evidence shall be deemed to have been recorded by an appropriate tribunal:

Provided that the provisions of paragraphs (6) and (7) of regulation C.6 shall apply to any proceeding before an Inspector.

C.8. Power of disciplinary authority

(1) One or more of the following punishments may be awarded by the Inspector General to an Inspector who pleads or has been found guilty of an offence against discipline–

(a) a fine not exceeding one month's pay;

(b) stoppage or deferment of increment;

(d) reprimand.

(2) One or more of the following punishments may be awarded by any appropriate tribunal or Commanding Officers to a non-commissioned officer or constable who pleads or has been found guilty of an offence against discipline–

(a) a fine not exceeding seven days' pay;

(b) confinement to barracks not exceeding seven days;

(d) such fatigue duties as may be prescribed in Police General Orders;

(e) temporary deprivation of privileges as specified in Police General Orders.

(3) No award by an appropriate tribunal shall be carried into effect unless and until it is confirmed by a Commanding Officer. The Commanding Officer may vary or remit the punishment awarded but no punishment shall be increased nor any punishment shall be added unless the non-commissioned officer or constable has been given an opportunity of being heard by the Commanding Officer.

(4) Commanding Officers may vary the finding of any appropriate tribunal and may vary or remit any punishment awarded by an appropriate tribunal:

Provided that the Commanding Officer shall have no power to vary a finding of not guilty and punishment unless the accused has been given an opportunity of being heard by the Commanding Officer.

(5) Where a report or reference has been made to the Commanding Officer under paragraph (6) or (7) of Regulation C.7 the Commanding Officer may award any one or more of the punishments specified in paragraph (2) of regulation C.8 or in lieu thereof, or in addition thereto, may dismiss or terminate the appointment of a non-commissioned officer or constable.

B. Disciplinary Proceedings: Senior Police Officers (regs C.9-C.23)

C.9. Type of proceedings

Disciplinary proceedings in relation to Senior Police Officer may be either formal or summary.

C.10. Cases where formal proceedings applicable

Formal proceedings shall be instituted where, in the opinion of the disciplinary authority, the disciplinary offence which the officer is alleged to have committed is of such gravity that should he be found guilty thereof, it may warrant his dismissal, reduction in rank or reduction in salary.

C.11. Cases where summary proceedings applicable

Summary proceedings shall be instituted where, in the opinion of the disciplinary authority, the disciplinary offence which the officer is alleged to have committed is not of such gravity as to warrant, in the event of his being found guilty thereof, his dismissal, reduction in rank or reduction in salary.

C.12. Commencement of formal proceedings

(1) No formal proceedings for a disciplinary offence shall be instituted of against a Senior Police Officer unless after he has been served with a copy of the charge setting out the nature of the offence which he is alleged to have committed.

(2) The charge shall be prepared by the disciplinary authority who may order such preliminary investigation as he may consider necessary, and the disciplinary authority may consult the Attorney General on the formulation of the disciplinary charge.

(3) Every disciplinary charge shall state the nature of the offence which the accused is alleged to have committed, and shall set out in a concise form the allegations made against the accused officer.

(4) Where a disciplinary charge has been drawn up, the disciplinary authority shall cause the same to be served upon the officer.

(5) Every charge shall be accompanied by a notice addressed to the accused officer inviting him to state in writing within such period as may be specified in the notice the grounds upon which he relies to exculpate himself.

(6) No formal proceedings instituted under this regulation shall be invalid by reason only of any irregularity in the formulation of the charge.

(7) The power conferred upon the disciplinary authority by this regulation may, where the Commission is the disciplinary authority, be exercised by the Permanent Secretary.

C.13. Inquiry into disciplinary charge

(1) Where an officer has been served with a charge in accordance with the provisions of regulation C.12 and fails to make representations in writing giving the grounds upon which he relies to exculpate himself, within the period specified in the notice accompanying the charge, or makes representations which, in the opinion of the disciplinary authority or the Permanent Secretary acting under the authority of paragraph (7) of regulation C.12 as the case may be, do not amount to a complete defence of the offence with which the accused officer is charged, the disciplinary authority or the Permanent Secretary, as the case may be, shall himself conduct an inquiry into the charge.

Every inquiry into a charge under paragraph (1) shall be in accordance with the procedure prescribed by these regulations.

(2) Every inquiry into a charge under paragraph (1) shall be in accordance with the procedure prescribed by these Regulations:

Provided that where the inquiry is held by the disciplinary authority or the Permanent Secretary he shall not be bound to follow the procedure prescribed by these Regulations but may hold the inquiry and conduct the investigation according to such procedure as he may consider appropriate.

(3) Where the disciplinary authority or, as the case may be, the Permanent Secretary is satisfied that the representations made by the accused officer, pursuant to the notice served upon him under regulation C.12 amount to a complete admission of the charges or charges against him, it shall not be necessary to hold any further inquiry or investigation in respect of such charge or charges, but the disciplinary authority or the Permanent Secretary shall record a finding of guilt and the proceedings shall proceed as if the accused officer has been found guilty after an inquiry.

C.14. Certain persons not to be appointed inquiry officers

No person shall be appointed an inquiry officer unless he is–

(a) of the rank of Senior Assistant appointed Commissioner of Police or above; or

(b) of a rank higher than the rank held officers by the accused officer.

C.15. Inquiring procedure

(1) In this regulation and regulation C.16 "officer conducting the inquiry" means the Inquiry Officer and includes, in cases where the inquiry is being conducted by the Commission, such Commission.

(2) Where the officer (other than the Commission) conducting the inquiry is of the opinion that it will be desirable for him to be assisted in the conduct of the inquiry by persons who may be more conversant with any professional or technical matter likely to arise in the course of the proceedings, he may request the Commission to assign no more than two public officers with the necessary qualifications or experience to assist him, and the Commission shall comply with any such request.

(3) The officer conducting the inquiry shall notify the accused officer of the day, date, time and place upon and at which the inquiry shall be held.

(4) The accused officer shall have a right to be present, examine witnesses and be heard at the inquiry:

Provided that failure by the accused officer to be present or represented at the inquiry shall not vitiate the proceedings.

(5) The officer conducting the inquiry may permit the accused officer and the disciplinary authority to be represented by any public officer or advocate:

Provided that where either party is permitted to be so represented, the other party shall also be so permitted.

(6) The accused officer or, where he is represented by a public officer or an advocate, shall have a right–

(a) to cross-examine any witness examined by the officer conducting the inquiry or by the disciplinary authority or his representative;

(b) to examine and make copies of any document produced as evidence against him;

(7) The officer conducting the inquiry may take into consideration any evidence which he considers relevant to the subject of the inquiry before him, notwithstanding that such evidence would not be admissible under the law relating to evidence.

(8) The officer conducting the inquiry shall record the list of the evidence adduced before him.

(9) An inquiry heard under this regulation shall not be open to the public.

(10) If, during the course of the inquiry, it appears that the evidence adduced discloses grounds for an additional charge the disciplinary authority or his representative may cause such additional charge or charges to be formulated and shall give a copy thereof to the accused officer.

(11) Where any additional charge is formulated in accordance with the provisions of paragraph (10) the officer conducting the inquiry shall proceed to inquire into the same and may recall any witness for further examination or cross-examination.

(12) Subject to the foregoing provisions of this regulation, an officer conducting an inquiry may regulate the procedure at the inquiry in such manner as he may think fit.

C.16. Conclusion of inquiry

(1) Upon the conclusion of an inquiry, the officer conducting the inquiry shall, save where such officer himself is the disciplinary authority, forward the record of proceedings before him together with his report thereon to the disciplinary authority.

(2) Every report under paragraph (1) shall–

(a) state whether in the opinion of the officer conducting the inquiry the charges against the accused officer have been proved;

(b) state reasons for such opinion;

(c) state any fact which, in the opinion of the officer conducting the inquiry, aggravates or mitigates the gravity of the act or omission which was the subject;

(d) state any other fact which in the opinion of the officer conducting the inquiry is relevant:

Provided that no such report shall contain any recommendations to the form or nature of the punishment to be awarded.

(3) Where, on receipt of the record of proceedings and the report of the officer conducting the inquiry, the disciplinary authority is of the opinion that further investigation into the case is necessary, he may refer the matter back to the officer conducting the inquiry with such directions as he may consider necessary and such officer shall upon receiving the record of proceedings, re-open the inquiry and proceed in accordance with regulation C.13.

(4) Upon receipt of the record of proceedings and the report or where the disciplinary authority himself conducted the inquiry, upon conclusion of the inquiry, the disciplinary authority shall, after considering the evidence and, where the inquiry was not conducted by him, the report of the officer conducting the inquiry, make and record a finding whether, in his opinion, the accused officer is guilty of the disciplinary offence with which he was charged.

(5) Where the disciplinary authority's finding as to the guilt or innocence of the accused is contrary to the opinion of the officer conducting the inquiry as expressed in his report, the disciplinary authority shall record his reasons for the finding.

(6) Where the disciplinary authority finds the accused officer guilty, he shall proceed to award punishment:

Provided that where the disciplinary authority is a person exercising powers conferred upon him by the provision to subparagraph (c) of paragraph (2) of regulation C.16 he shall not impose any of the following punishments–

(a) dismissal;

(b) termination of appointment;

but shall, if in his opinion, the case is of such gravity as to warrant any of the foregoing punishments being imposed, refer the case to the authority by whom the powers under the provision to the said paragraph (2)(c) of regulation C.16 were conferred upon him, and such authority shall proceed to award such punishment as he may consider appropriate.

C.17. Procedure in summary proceedings

(1) Where the disciplinary authority decides to institute summary proceedings against an accused officer, he shall cause a statement giving particulars of the charge or charges to be prepared and served upon the accused officer.

(2) The disciplinary authority shall appoint the date, time and place for the investigation of the charge or charges and shall give the accused officer notice of the same.

(3) The accused officer shall have a right to be present at the investigation and make his defence:

Provided that failure by the accused officer to be present at the investigation shall not vitiate the proceedings.

(4) The investigation of the charge or charges shall be carried out in such manner as the disciplinary authority may determine.

(5) Upon the conclusion of the investigation the disciplinary authority shall make a finding whether in his opinion, the accused officer is guilty of the offences or offences with which he is charged and if the disciplinary authority finds the accused officer guilty, he shall proceed to award such punishment as he may consider appropriate:

Provided that under no circumstances shall in an investigation under this regulation, the accused officer be punished by–

(i) dismissal; or

(ii) termination of the appointment;or

(iii) reduction in rank; or

(iv) reduction in salary.

(6) The disciplinary authority may authorise any officer who is on pensionable terms and holds a rank senior to the rank held by the accused officer, to exercise all or any of his powers under paragraphs (1), (2), (3) and (4) of this regulation.

(7) Where an officer authorised in accordance with paragraph (6) holds an investigation–

(a) the provisions of paragraphs (1), (2), (3) and (4) shall apply as if references therein to the disciplinary authority were references to the officer so authorised;

(b) upon the conclusion of the investigation the person so authorised shall submit his report thereon to the disciplinary authority, who shall proceed to make a finding as to the guilt or innocence of the accused officer and in the event of the accused officer being found guilty, proceed to award punishment in accordance with the subject to the limitations imposed by the provisions of paragraph (5).

(8) Where an investigation under this regulation is being or has been held, the disciplinary authority may at any time before awarding punishment, institute formal proceedings against the accused officer, if in the opinion of the disciplinary authority, the evidence adduced discloses facts which add to the gravity of the charge or charges or which show that the accused officer has or may have committed other disciplinary offences warranting formal proceedings.

C.18. Appeals

(1) An Inspector or a Senior Police Officer below the rank of Senior Assistant Commissioner aggrieved by an award by the appropriate tribunal made under subparagraph (1) of paragraph (8) of regulation C.6 or paragraph (6) of regulation C.16 may, within seven days after the notification to him thereof, appeal in writing against the same to the Permanent Secretary.

(2) Upon any such appeal, the Permanent Secretary may either confirm or remit the punishment, or substitute any punishment which the Inspector General could have imposed, or may if he considers in all the circumstances of the case, that justice so requires, set aside the finding of an appropriate tribunal and either impose a punishment specified in paragraph (1) of regulation C.8 or impose no punishment.

(3) Any non-commissioned officer or constable aggrieved by any finding of an appropriate tribunal or any award of an appropriate tribunal or a Commanding Officer may, within seven days of the notification to him thereof, appeal to the Inspector General in writing and the Inspector General may confirm or vary any finding of the appropriate tribunal or substitute therefor any finding at which the appropriate tribunal or Commanding Officer could have arrived upon the evidence, including any additional evidence which the Inspector General, in his discretion, admits at the hearing of the appeal, and may confirm or remit any punishment imposed by the appropriate tribunal or a Commanding Officer or may substitute therefore any punishment which the tribunal or such officer could have imposed, and in all such cases the decision of the Inspector General shall be final.

(4) Where the Inspector General hears any new evidence on appeal, he shall give the appellant an opportunity of being present and putting questions to any witnesses so heard.

(5) In every case in which an appeal is lodged, the punishment shall be suspended during the hearing and determination of the appeal:

Provided that the Inspector General may in considering any appeal against a finding of an appropriate tribunal or a Commanding Officer remit any punishment so imposed by him or substitute therefor any other punishment which he could have imposed.

C.19. Criminal offence in respect of disciplinary matters

(1) Any non-commissioned officer or constable who persistently sleeps on duty shall be guilty of an offence and shall be liable on conviction by a court to a fine not exceeding four hundred shillings, or to imprisonment for a term not exceeding three months.

(2) Any Junior Police Officer who–

(a) assaults, threatens or insults another officer of senior or equal rank when such other officer is on duty or when such assault, threats or insult relates to or is consequent upon, the discharge of his duty by the officer so assaulted, threatened or insulted; or

(b) refuses to obey a lawful order of his superior officer; or

(d) is drunk when on duty,

shall be guilty of an offence and shall be liable on conviction by a court to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one year.

(3) No person shall be convicted of an offence against paragraph (1) of this regulation unless the court is satisfied that the accused has, on at least two occasions within the twelve months preceding the occasion in respect of which charge is laid, been found guilty by an appropriate tribunal of sleeping on duty and that neither of such findings has been set aside on appeal; and a certificate purporting to be under the hand of the Inspector General as to any such finding and as to whether or not it was set aside on appeal, shall be prima facie evidence of the matters contained therein.

(4) No person shall be proceeded against for an offence contrary to this regulation, who has previously been punished for such offence as an offence against discipline by an appropriate tribunal, Commanding Officer or the Inspector General, and no person shall be punished by an appropriate tribunal for an offence against discipline if he has previously been acquitted or convicted of such offence by a court under this regulation:

Provided that nothing in this paragraph shall be construed as limiting or restricting the power conferred on the Commanding Officer by regulation C.21.

(5) Any Police Officer who is suspected of having committed an offence contrary to paragraph (1) of this regulation may be arrested without warrant by a Police Officer senior to himself, and if necessary, detained in custody.

C.20. Fines to be recovered by stoppage of pay

(1) All fines imposed on a Junior Police Officer in respect of offences under these Regulations may be recovered by stoppage the offender's pay due at the time of committing such offence and thereafter accruing due.

(2) The amount of stoppage in respect of any fine or for any other cause authorised by these Regulations shall be in the discretion of the officer by whom the fine was imposed or subject to the directions of the Commanding Officer to whom he is subordinate or the Inspector General, but shall in no case exceed one quarter of the monthly pay of the offender; and whenever more than one order or stoppage is in force against the same person, so much only of his pay shall be stopped as shall leave him a residue of at least one half of his pay.

(3) Where more than one order of stoppage is made upon the same person, the orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders have been discharged.

C.21. Where Police Officer commits a criminal offence

(1) Where a Senior or Junior Police Officer is alleged to have committed a disciplinary offence, and the act or omission constituting such offence also constitutes a criminal offence under any written law, disciplinary proceedings may be instituted against such officer by an appropriate tribunal or he may be prosecuted for the criminal offence before a court of law:

Provided that where disciplinary or criminal proceedings are first instituted and concluded under this Regulation, such proceedings shall not be construed as constituting a limitation to subsequent proceeding to whichever was first instituted.

(2) If a Senior or Junior Police Officer is acquitted of the criminal charge such acquittal shall not be a bar to disciplinary proceedings against the accused officer on the same charge or on a charge based on the same facts being continued or constituted against the accused officer, and such disciplinary proceedings may be continued or instituted against the officer and such officer may be punished therefore as if no criminal proceedings had been instituted against him.

(3)(a) Where a Senior or Junior Police Officer has been convicted of criminal offence before instituting disciplinary proceedings, he shall be deemed to have been found guilty under the provisions of this regulation of a disciplinary offence based upon the same charge or the same facts which formed the ground of the criminal charge of which he was convicted, and the disciplinary authority or Commanding Officer in the case of a non-commissioned officer or constable shall, without continuing or instituting any disciplinary offence, proceed to punish the officer of the disciplinary offence:

Provided that–

(i) no Senior Police Officer shall be punished under this paragraph until after he has been served with a notice specifying–

(A) the disciplinary offence of which he is deemed, under the provisions of this paragraph, to have been found guilty;

(B) the punishment which the disciplinary authority proposes to imposes;

and without the disciplinary authority having taken into consideration any plea made by the officer within the time specified in the notice;

(ii) where the accused officer has been convicted of the criminal offence which, in the opinion of the disciplinary authority, may warrant his dismissal from service, formal disciplinary proceedings shall be instituted against the officer, or where such proceedings were instituted prior to the commencement of the criminal proceedings, they shall be continued and the accused officer shall be tried on such formal disciplinary proceedings.

(b)(i) Where a notice under paragraph (i) of the provisions to subparagraph (3)(a) is given to the officer, the disciplinary authority shall not be bound to impose the same punishment as that specified in the notice but may impose any lesser punishment;

(ii) In any formal disciplinary proceedings under paragraph (2) of the proviso to subparagraph (3)(a) proof that the accused officer has been convicted of the criminal offence shall be conclusive evidence of the fact that he has committed the disciplinary offence based on the same facts;

(iii) Where an officer has been convicted of a criminal offence and prior to the commencement of the criminal proceedings he was found guilty by disciplinary authority of a disciplinary offence based on the facts or upon which the subsequent criminal charge was based, it shall be lawful for the disciplinary authority, upon the conclusion of the criminal proceedings, to substitute for the disciplinary punishment imposed upon the accused officer in respect of the disciplinary offence, any other disciplinary punishment which, in the opinion of the disciplinary authority is warranted in view of the conviction of the officer of criminal offence or in view of any evidence adduced at the criminal proceedings.

(iv) The Commanding Officer, may reduce in rank or grade or dismiss from the Police Force, a non-commissioned officer or constable who has been convicted by any court of any offence, whether under the Police Force and Auxiliary Services Act *, these Regulations or otherwise.

C.22. Punishment

(1) Without prejudice to the provisions of regulation C.8 the following punishments may be inflicted upon a Police Officer as a result of proceedings under this part of these Regulations–

(a) dismissal, that is termination of appointment with forfeiture of all retirement benefits in accordance with the provisions of any law for the time being in force;

(b) termination of appointment otherwise than by dismissal;

(d) reduction in salary;

(e) stoppage of increment, that is non-payment for a specified period of an increment otherwise due;

(f) withholding of increment, that is suspension of the payment of an increment until conditions are fulfilled;

(g) deferment of increment, that is postponement of the date of payment of increment;

(h) fine of an amount not exceeding one quarter of a month's pay;

(i) reprimand;

(j) the recovery of the cost or part of the cost of any loss or breakage caused by default or negligence;

(k) in the case of an officer who is the holder of an non-pensionable post, suspension from duty with consequent loss of pay and allowances for a period not exceeding fourteen days.

(2) The punishment specified in subparagraph (j) of paragraph (1) shall be in accordance with the procedure laid down in instructions issued by the Permanent Secretary to the Treasury.

C.23. Interdiction, suspension, withholding of increments

Notwithstanding any other provisions of these Regulations–

(1) The powers of interdiction, suspension, withholding and suspension of increment may be exercised as follows–

(a) in the case of a Senior Police Officer of and above the rank of Senior Assistant Commissioner of Police, by the President;

(b) in the case of a Senior Police Officer below the rank of Senior Assistant Commissioner of Police by the Permanent Secretary;

(2) Where an officer is interdicted under this regulation, such officer shall be informed of the reasons for such interdiction.

(3) An officer who is interdicted shall receive such salary, not being less than half of his salary, as the Permanent Secretary, or as the case may be, shall determine.

(4) Where any disciplinary or criminal proceedings have been taken or instituted against an officer under interdiction and such officer is not dismissed or otherwise punished under these Regulations, the whole of any salary withheld under paragraph (3) shall be restored to him upon the termination of such proceedings. If any punishment other than dismissal is inflicted, the officer may be refunded such portion of the salary withheld under paragraph (3) as the disciplinary authority may determine.

(5) An officer under interdiction may not leave his station without the prior permission, in writing, of the Inspector General or Permanent Secretary.

(6) For the purposes of this regulation "salary" means the basic salary and, where applicable, any pay in addition.

PART V
FINANCIAL BENEFITS (regs D.1-D.6)

D.1. Commencement of pay

(1) A Police Officer shall be entitled to a pay in accordance with these Regulations from the date of his enrolment in or transfer to the Police Force.

(2) A Police Officer on enrolment in the Police Force or on transfer from other Forces or public services shall not be entitled to a pay for any period prior to the date on which he actually reports for duty.

(a) For the purposes of this regulation reporting for duty shall include reporting for an initial police training course at a place designated by the Inspector General.

(b) A police recruit on basic police training shall be entitled to a training allowance at a rate to be determined by the Inspector General.

(3) Subject to these Regulations, entitlement of a Police Officer to any allowance shall commence on the date he becomes eligible for such allowance.

D.2. Cessation of pay

Except where otherwise prescribed in these Regulations, entitlement to a pay for any Police Officer shall cease when he is discharged or otherwise transferred from the Police Force.

D.3. Cessation of allowance

Subject to these Regulations entitlement to an allowance for any Police Officer shall cease on the date of changes in the conditions qualifying him for that allowance:

Provided that where a Police Officer continues to serve but entitlement to an allowance ceases, entitlement to such allowance shall continue to the end of the day notified as the effective date of cessation.

D.4. Leave without pay and allowances

Notwithstanding the provisions of regulations D.1 (commencement of pay and pay and allowances), and D.2 and D.3 (cessation of pay and allowances), when a Police Officer has been granted leave without pay and allowances in accordance with these Regulations, he shall have no entitlement to a pay or to an allowance during such period of leave without pay and allowances.

D.5. Issue of pay and allowances

(1) Except as prescribed in paragraphs (2) and (3) of this regulation, pay and allowances shall be issued in arrears to a Police Officer. Subject to any orders issued by the Inspector General payment shall be made on the last day of each month, except that when the last day of the month is not a full banking day, pay and allowances may be issued on the next preceding full banking day.

(2) A Police Officer proceeding on leave for a period of not less than 15 days but not more than 28 days may be paid–

(a) earned pay and allowances up to and including the date of the commencement of the leave; and

(b) pay and allowances in advance before departure not exceeding one month, for the period of leave:

Provided that where a Police Officer is proceeding on leave for more than 28 days then he may be paid his pay and allowances in advance before departure for the period of leave.

(3) The Accounting Officer shall, where so requested in writing by a Police Officer, transmit the officer's pay and allowances for deposit to the credit of the officer in the branch of a local commercial bank as will be designated by the officer.

(4) When a Police Officer is serving outside Tanzania the issue of allowances shall be made in the currency prescribed by the Inspector General.

D.6. Delay in submission of claims

Any sum of money payable under these Regulations which has not been claimed within the period of twelve months from the date on which it might have been claimed shall be forfeited except when–

(i) the circumstances disclose sufficient reason for the delay in submitting the claim; and

(ii) the payment is approved by the Inspector General.

PART VI
PAY FOR POLICE OFFICERS (regs E.1-E.4)

E.1. Police Emoluments Committee

A Committee to be known as Police Force Emoluments Committee is hereby established to carry out periodical review of police rates of pay and allowances. The Committee hereby established shall consist of the Minister as the Chairman, the Permanent Secretary, the Inspector General and not less than three Police Officers appointed by the Minister on the recommendation of the Inspector General.

E.2. Rates of pay and allowances for Police Officer

Subject to any consultations with the Permanent Secretary, the rate of pay and allowances for any Police Officer shall be as may be prescribed from time to time, for any particular rank and pay increase category, by the Committee.

E.3. Granting of increments

(1) Where a Police Officer has met the performance standards as prescribed by the Inspector General he may, subject to these Regulations, be granted an increment at one year intervals.

(2) Subject to these Regulations, a Police Officer's service for increments will be reckoned from the first day of the month following the month of his enrolment in the Force:

Provided that where the date of the enrolment was the first day of a month, service will be reckoned from that date and not from the first day of the following month. Where such officer is enrolled at the beginning of a month, but the enrolment can only take effect from the second day of the month because of the incidence of public holiday on the previous day, his services may, for the purposes of this regulation, be reckoned from the first day of the month.

E.4. Rules for reckoning increments on promotion

Except where otherwise provided for in these Regulations, the following rules shall apply in the case of a Police Officer who is promoted to a rank carrying a pay on an incremental scale–

(1) If immediately prior to his promotion the pay of the police officer was less than the minimum of the new rank, he shall be paid not less than minimum with effect from the date of his promotion; but if he had qualified for increment in his former rank and had already earned such an amount of increment as would bring his pay up to the minimum of the scale of his new rank, then any balance of the increment in his former scale shall be taken into account in fixing the date of his first increment in his new scale.

(2) If his pay was not less than minimum of the new rank he shall, subject to paragraph (3) of this regulation, continue to receive his existing pay until by length of service at his new incremental rate he has earned such an amount of increment, as will bring him to the next higher incremental step in his new scale, but, if he was qualifying from increment in his former rank, the date of increment in his new scale shall be advanced proportionately even though it may mean the immediate grant of an increment and the advancement of the normal date for a further increment.

(3) If the maximum (or fixed) pay of his former rank was not less than the minimum of his new rank and he has at the date of his promotion served at that pay for a period exceeding one year, then one half of such excess period shall count towards an increment in his new scale, but in no case shall he be given more than one increment on this account.

(4) A Police Officer will receive his first increment in his new scale on the date on which it falls due under the provisions of paragraph (1), (2) and (3) to this regulation. Where this date falls within the first fifteen days of a month, the first day of the same month will be the police officer's future incremental date, and where it falls after the fifteenth day of the month, the future incremental date will be the first day of the month following.

PART VII
ALLOWANCES AND OTHER EMOLUMENTS FOR POLICE OFFICERS (regs F.1-F.30)

F.1. Restriction of payment of allowances

(1) Allowances to Police Officers shall be paid as provided for under these Regulations or as approved by the Committee, and the conditions of payment of such allowances shall be as so provided or approved.

(2) The term "allowance" under these Regulations shall not apply to reimbursement of expenses incurred by a Police Officer in the execution of his duty, being expenses authorised either generally or specifically in the Police Service and in respect of specifically in the Police Service and in respect of which no allowance is payable under these Regulations.

F.2. Restriction on payments for private employment of Police Officer

Without prejudice to the generality of Regulation F.1 above a Police Officer who is engaged on duty at the request of any person who has agreed to pay the Police Force for the Police Officer's services, shall not be entitled to any payment for those services except as provided by these Regulations; and any payments made in pursuance of that agreement shall be made by that person to the Police Force.

F.3. Subsistence allowance

(1) Subject to these Regulations a Police Officer who is absent from his duty station will be eligible to receive subsistence allowance in respect of each night for which he is absent at rates prescribed by the Committee from time to time.

(2) Subsistence allowances may be paid to a Police Officer as follows–

(a) on transfer to a station within Tanzania: for a period not exceeding fifteen nights or as may be prescribed from time to time by the Committee;

(b) on arrival from outside Tanzania on return from a study tour, course, duty or other official duty: for the nights necessarily spent on the journey from the port of arrival to the Police Officer's station;

(c) on departure from Tanzania to proceed on a study course, tour, duty or other official travel: for the nights necessarily spent on the journey from the Police Officer's duty station to his port of departure;

(d) subsistence allowance may be paid to a Police Officer's spouse and children while accompanying the Police Officer on the journey.

F.4. Trade pay allowance

(1) Any Police Officer of or below the rank of an Inspector in possession of a technician certificate shall be paid a trade pay allowance at rates appropriate to his trade group and level as determined under paragraphs (2) and (3) of this regulation.

(2) For the purposes of trade-pay allowance, the Inspector General shall group all trades into Groups A and B, group A shall consist of all those trades which require some scientific knowledge and group B shall consist of all the other trades.

(3) The Inspector General will further provide for three levels in each trade group namely first or advanced level, second or intermediate level and third or basic level.

(4) The rates of trade-pay allowance prescribed by the Committee shall cover all the two trade groups and the three levels mentioned in paragraph (3) above.

F.5. Professional allowance

(1) A Police Officer in possession of a professional qualification shall be paid a professional allowance.

(2) For the purposes of professional allowance the Inspector General will group all professions into rare professions and other professions.

(3) The rate of professional allowances shall cover the two professional groups mentioned in paragraph (2) above.

F.6. Rent assistance allowance

Subject to any limitations which may be prescribed by the Inspector General, any Police Officer who is granted permission to live out of police barracks under these Regulations, and who occupies rented or leased accommodation belonging to a person other than a parastatal organisation shall be paid a rent assistance allowance at a monthly rate prescribed by the Committee.

F.7. Plain clothes allowance

A Police Officer who is required by the Inspector General to do duty in plain clothes for a continuous period of not less than one month shall be paid a plain clothes allowance.

F.8. Outfit allowance

(1) Subject to any limitations prescribed by the Inspector General a Police Officer when proceeding outside Tanzania, whether on short duty visits to attend conferences/seminars or on study tours, etc., or to undertake formal courses of in-service training, shall be paid an outfit allowance irrespective of the period of the visit/course, or of the climate of the country to be visited.

(2) An outfit allowance shall be paid on one occasion only during each consecutive two year period.

(3) Where the expenses of a Police Officer's visit or course of training outside Tanzania are met by another Government or Aid Agency and where such expenses include a provisions for payment of an outfit allowance, the Police Officer may be paid at the discretion of the Inspector General, the difference between prescribed rate of allowance at the time of the travel and the allowances paid by the donor Government or Aid Agency.

F.9. Living allowance

(1) A living allowance shall be paid to every Police Officer at a monthly rate prescribed by the Committee.

(2) Subject to any limitations prescribed by the Inspector General a Police Officer on leave granted without pay under these Regulations, shall not be paid a living allowance:

Provided that a Police Officer while on initial training shall not be paid a living allowance.

F.10. Detective duty

Any Police Officer posted for duty in the Criminal Investigation Department of the Police Force shall be paid a detective duty allowance at a monthly rate appropriate to his rank.

F.11. Dog handling allowance

Subject to any limitations prescribed by the Inspector General, a dog handler's allowance shall be paid to any Police Officer assigned police dog handling duties.

F.12. Bicycle allowance

(1) Where a Police Officer is authorised by his Commanding Officer to use a bicycle owned by him for the purposes of duties normally and from time to time performed by him, he shall in respect of such use be paid a bicycle allowance.

(2) In this regulation the expression "bicycle" does not include a motor cycle, that is to say a mechanically propelled bicycle (including a motor scooter and a bicycle with an attachment for propelling it by mechanical power).

F.13. Band allowance

A band allowance shall be paid to every Police Officer in any of the Police Force's Band Units.

F.14. Driver's proficiency allowance

Subject to any restrictions which may be imposed by the Inspector General, any Police Officer below the rank of Assistant Inspector employed as an authorised driver shall be eligible to receive a driver's allowance.

F.15. Instructor's allowance

Any Police Officer posted for duty as an instructor at any of the Force's training schools or colleges shall be paid an instructor's allowance.

F.16. Responsibility allowance

A Police Officer assigned for duties at an eligible post shall be paid a responsibility allowance so long as he serves at that post.

F.17. Transport allowance

A Police Officer shall be paid transport allowance where no reliable Force transport is available for his transportation from his place of residence to his place of duty and back, irrespective of the distance.

F.18. Mileage allowance

Where a Police Officer has been authorised by the Inspector General to use a motor vehicle owned by such Police Officer for the purposes of duties performed by him, he shall subject as hereinafter provided, be paid a mileage allowance in respect of such use.

F.19. Marine allowance

Any Police Officer assigned to marine duties shall be paid a marine allowance.

F.20. Flying allowance

A Police Officer who is an aircraft pilot in possession of a commercial pilot's licence recognised by Tanzania Civil Aviation Authority shall be paid a flying allowance for the time he flies any Police Force's aircraft or helicopter.

F.21. Special skills allowance

Subject to any limitations which may be imposed by the Inspector General, any Police Officer licensed as a commercial pilot for aircraft or as an aircraft maintenance engineer by the Tanzania Civil Aviation Authority shall be paid a special skills allowance.

F.22. Licence endorsement allowance

Where a Police Officer is licensed as a commercial pilot or as an aircraft maintenance engineer by a competent authority, shall subject to these Regulations be paid a licence endorsement allowance.

F.23. Hardship allowance

A Police Officer posted for duties at a designated area shall be paid a hardship allowance.

F.24. Professional risk allowance

Every Police Officer shall be paid a police professional risk allowance.

F.25. Stress allowance

A Police Officer assigned for duties at a stress post shall be paid a stress allowance.

F.26. Signals allowance

Any Police Officer posted for duties in the Signals Branch of the Police Force shall be paid a signals allowance.

F.27. Foreign service allowance

The Inspector General may authorise the payment of foreign service allowance to a Police Officer posted for duty to a country outside Tanzania.

F.28. Entertainment allowance

Where a Police Officer is regularly called upon to extend hospitality on behalf of the Government and is so authorised by the Inspector General, shall be paid a commuted entertainment allowance.

F.29. Disturbance allowance

A Police Officer transferred from one station to another within the country shall be paid a disturbance allowance.

F.30. Night duty allowance

A Police Officer of or below the rank of Inspector who does a night duty shall be paid a night duty allowance.

PART VIII
PENSIONS AND GRATUITIES (regs G.1-G.7)

HEAD A (regs G.1-G.6)

G.1. Application of Head A

The provisions of this part shall apply to non-pensionable Police Officers below the rank of Assistant Inspector.

G.2. When gratuity may be granted

A Police Officer to whom this regulation applies shall, on discharge (other than discharge on dismissal from the force for misconduct) after a continuous good service extending over a period of not less than three years be eligible to receive a gratuity calculated at the rate of four-fifths of a month's pay of the rank or office in which he was serving at the date of his discharge for every completed year of service.

G.3. Where Police Officer dies while on contract

Any gratuity which would have been due and payable to a Police Officer to whom this regulation applies had he taken his discharge under the provisions of these Regulations shall, in the event of his re-engaging for a further term and dying in the service before the completion of such term, be deemed to have belonged to him for the purposes of the administration of his estate.

G.4. Where death occurs before receipt of gratuity

Where a Police Officer to whom this death regulation applies having been discharged, dies before receipt by him of any gratuity for which he has become eligible under these regulations, of such gratuity shall be paid to the person authorised to administer his estate.

G.5. Recovery of debt from gratuity

Notwithstanding any of the provisions of these Regulations, where at the time of the discharge of a Police Officer to whom this regulation applies from the Police Force, such Police Officer has failed to pay any outstanding canteen and welfare accounts or bills owing by him to any canteen or welfare or other institute of the Police Force, any gratuity payable under Regulation G.4 may at any time be withheld until satisfactory arrangements have been made for the payment of such accounts or bills as aforesaid either by the Police Officer or by deduction or deductions from such gratuity.

G.6. Gratuity not assignable

Except as otherwise provided in these Regulations, a gratuity granted under Regulation G. 4 shall not be assignable or transferable except for the purposes of satisfying–

(a) a debt due to the Government; or

(b) an order of any competent court for the periodical payment of sums of money towards the maintenance of the wife or former wife or minor child by the Police Officer to whom the gratuity has been granted, and shall not be liable to be attached, sequestered, or levied upon, for or in request of any debt or claim whatsoever except a debt due to the Government.

HEAD B (reg G.7)

G.7. Special provisions on retiring benefits

(1) Upon reaching the normal retirement age, a Police Officer of or above the rank of Commissioner shall receive the following superannuation benefits–

(a) the Inspector General–

(i) apart from his commuted pension gratuity, he shall retire on his full monthly basic salary;

(ii) he shall be provided with a vehicle and pay for his driver or an allowance equal to a driver's salary;

(iii) if retiring to a town or village where Police night guards are available, such service shall be extended to him as a matter of right. Otherwise, he shall be paid allowances in lieu thereof;

(iv) he shall be paid allowance, to pay for salaries of the following–

- one cook;

- one dhobi; and

- one domestic servant.

(b) Commissioner of Police–

(i) apart from his commuted pension gratuity, he shall retire on 80% of his basic monthly salary;

(ii) he shall be provided with a vehicle and pay for his driver or an allowance equal to a driver's salary;

(iii) if retiring to a town or village where Police night guards are available, such service shall be extended to him as a matter of right. Otherwise, he shall be paid allowances in lieu thereof;

(iv) he shall be paid allowance, to pay for salaries of the following–

- one cook;

- one dhobi; and

- one domestic servant.

(2) The maintenance of the vehicle including the provision of petrol, oil and lubricants shall be as prescribed by the Inspector General.

PART IX
REVOCATION AND SAVINGS (reg H.1)

H.1. Revocation and savings

(1) [Revokes the Police Service Regulations *.]

(2) Notwithstanding the provisions of paragraph (1), where on the date when these Regulations come into operation any proceedings have been commenced under the 1969 Regulations but have not been completed, the same shall be completed under the provisions of and in accordance with the 1969 Regulations as if those Regulations were still in force.

THE PRISONS SERVICE REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

Title

PART I
PRELIMINARY PROVISIONS

1. Citation.

2. Interpretation.

PART II
ESTABLISHMENT AND ABOLITION OF PRISONS SERVICE OFFICERS

3. Power to establish and abolish Prisons Service Officers.

PART III
APPOINTMENTS, ENLISTMENTS, PROMOTION RE-ENGAGEMENT AND DISCHARGE

4. Application of the Police Force and Prisons Service Commission Act.

5. Powers of the Principal Commissioner.

6. Declaration on enlistment.

7. Enlistment and re-engagement.

8. Previous service may be taken into account for gratuity.

9. Admission to pensionable status.

10. Discharge on completion of service.

11. Discharge on other grounds.

12. Calculation of service for the purpose of discharge.

13. Certificate of discharge.

PART IV
RANKS AND DESIGNATION

14. Specification of ranks.

15. Seniority of Prison Officers.

16. Order of seniority on reduction or promotion after reduction of rank.

17. Seniority from same date and command.

PART V
DISCIPLINE

18. Discipline.

19. Disciplinary authority in case of subordinate prison officers.

20. Disciplinary authority in case of Officer of or above the rank of Assistant Superintendent.

21. Disciplinary authority for officers of or above the rank of Senior Assistant Commissioner.

22. Offences against discipline.

23. Procedure at inquiries into disciplinary offences of Prison Officer below the rank of Assistant Inspector.

24. Punishment of Subordinate Prison Officer of the rank below Assistant Inspector.

25. Procedure at inquiries into Disciplinary Offences of Inspectors.

26. Punishment of Inspectors.

Disciplinary Proceedings: Senior Prison Officers

27. Types of proceedings.

28. Cases where formal proceedings applicable.

29. Cases where summary proceedings applicable.

30. Commencement of formal proceedings.

31. Inquiry into disciplinary charge.

32. Certain persons not to be appointed as inquiry Officers.

33. Inquiry procedure in formal proceedings.

34. Procedure on the conclusion of inquiry.

35. Procedure in summary proceedings.

36. Punishment of Senior Officers.

37. Appeals.

38. Rules where disciplinary offence amounts to criminal offence.

39. Reprimands and warnings.

40. Desertion.

41. Dismissal and reduction in rank of Prison Officer on conviction.

42. Pay not to accrue during imprisonment or absence.

43. Interdiction and suspension.

44. Fine to be recovered by stoppage of pay.

PART VI
REMUNERATION AND ALLOWANCES

45. Establishment of the Remuneration Board.

46. Allowances payable.

47. Other allowances for prison officers.

PART VII
PENSIONS AND GRATUITIES

48. Application.

49. When gratuity may be granted.

50. Where prison officer dies while on contract.

51. Where death occurs before receipt of gratuity.

52. Recovery of debt from gratuity.

53. Gratuity not assignable.

PART VIII
MISCELLANEOUS PROVISIONS

54. Certain Prison Officers not to resign without permission.

55. Resignation of Prison Officers of or above the rank of Assistant Inspector.

56. Prolongation of service in case of war etc.

57. Other interests prohibited.

58. Prohibition against joining trade unions and other associations.

59. Criminal offences in respect of disciplinary matters in grave or repeated offences.

60. Where two or more disciplinary authorities have concurrent jurisdiction.

PART IX
REVOCATION AND SAVINGS

61. Revocation and savings

THE PRISONS SERVICE REGULATIONS

(Section 22)

[15th November, 1997]

G.N. No. 721 of 1997

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1. Citation

These Regulations may be cited as the Prisons Service Regulations.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires–

"the Act" means the Police Force and Prisons Service Commission Act *;

"appointing Authority" means–

(a) in relation to the power of appointment of prison officers above the rank of Assistant Commissioner of Prisons, the President of the United Republic of Tanzania;

(b) in relation to the power of appointment of prison officers in the rank of Assistant Inspector up to and including that of the Assistant Commissioner, the Commission;

(c) in relation to the power of appointment of prison officers below the rank of Assistant Inspector, the Principal Commissioner; or

(d) any person or authority to whom power to make appointments and promotions has been delegated;

"appointment" includes–

(a) a temporary appointment;

(b) an acting appointment where the person appointed to such acting appointment is, under the terms of his appointment, entitled to the salary of the post to which he is so appointed;

"Assistant Commissioner" means an Assistant Commissioner of Prisons;

"child" means–

(a) an unmarried child, a child born out of wedlock, a step child, a legally adopted child or child of a deceased near relative who is not more than eighteen years of age and is wholly maintained by the officer;

(b) an unmarried child, a child born out of wedlock, a step child or a legally adopted child or child of deceased near relative of any age, who because of a physical or mental infirmity is unable to earn a living and is therefore wholly maintained by the officer;

(c) an unmarried child of any age who for reasons of undergoing studies at any recognized institution is unable to earn a living and is wholly maintained by the officer;

"Commandant" means a prison officer appointed by the Principal Commissioner to be the head of any training institution in the Tanzania Prison Service;

"Commissioner" means a Commissioner of Prisons appointed under section 3 of the Prisons Act *;

"delegate" includes the Regional Prisons Officer, the Commandant, the Commanding Officer of the Prisons Special Task Unit or the Officer-in-charge of a Prison;

"disciplinary authority" shall have the meaning assigned to that term by section 7 of the Act;

"disciplinary offence" means any act, or omission, misconduct, failure to take reasonable care of failure to discharge duties in a reasonable satisfactory manner by or on the part of an officer, which in the opinion of the disciplinary authority, warrants disciplinary proceedings under these Regulations being taken against the officer;

"enlistment" means to cause any person to become a member of the Prisons Service and includes re-engagement;

"family" means a Prison Officer and his or her spouse and, if any, the children of such an officer;

"gazetted officer" means any Prison Officer who has attended and passed the gazetted Officers course and has subsequently been promoted to the rank of Assistant Superintendent of Prisons or above;

"gazetted Officers Course" means an in-service Prison Officers' course leading to a promotion to a Senior Prison Officer;

"inquiry officer" means the Principal Commissioner or an officer appointed by the Principal Commissioner to conduct an inquiry under these Regulations;

"inspector" means an Inspector of Prisons and includes an Assistant Inspector of Prisons;

"Minister" means the Minister for the time being responsible for matters relating to the Prisons Service;

"Officer-in-charge" means a prison officer appointed by the Principal Commissioner to be in-charge of a Prison;

"Principal Commissioner" means the Principal Commissioner of Prisons;

"Permanent Secretary" means the Permanent Secretary of the Ministry for the time being responsible for matters relating to the Prisons Service;

"Prison Officer" means any member of the Tanzania Prisons Service of whatever rank;

"professional qualification" means any recognized university degree, or other recognized equivalent qualification from a recognized university or institution;

"Regional Prison Officer" means a Senior Prison Officer appointed by the Principal Commissioner to be the head of the Prisons Service in a region;

"secondment" means the attachment of a Prison Officer to any other public or private institution or post for specified or unspecified period of time as may be approved and decided upon by the appointing authority;

"Senior Prison Officer" means a gazetted prison officer of or above the rank of Assistant Superintendent;

"service" means the Tanzania Prisons Service constituted in accordance with the Prisons Act *;

"Subordinate Prison Officer" means a Prison Officer of or below the rank of Inspector;

"trade and non-professional qualification" means any qualification or craft acquired by a Prison Officer from a recognized institution leading to the award of a recognized certificate or diploma.

(2) Subject to the provisions of subregulation (1) the definitions set out in section 2 of the Prisons Act * shall apply to these Regulations in so far as the same may be applicable.

PART II
ESTABLISHMENT AND ABOLITION OF PRISONS SERVICE OFFICERS (reg 3)

3. Power to establish and abolish Prisons Service Officers

(1) The power to establish and abolish officers in the Prisons Service is vested in the President.

(2) A proposal for the establishment of an office in the Prisons Service shall be made to the President by the Permanent Secretary on the recommendation of the Principal Commissioner.

(3) A proposal for the abolition of an office in the Prisons Service shall be made to the President by the Permanent Secretary on the recommendation of the Principal Commissioner.

(4) Without prejudice to paragraphs (2) and (3) of this regulation, the President may establish or abolish any office in the Tanzania Prisons Service as he deems fit.

PART III
APPOINTMENTS, ENLISTMENTS, PROMOTION RE-ENGAGEMENT AND DISCHARGE (regs 4-13)

4. Application of the Police Force and Prisons Service Commission Act

The provisions of part I of the Police Force and Prisons Service Commission Act * relating to appointments, promotion, confirmation and termination of appointments (otherwise than by disciplinary proceedings) shall apply to all Prison Officers depending upon the appointing authority.

5. Powers of the Principal Commissioner

(1) The powers in respect of Prison Officers below the rank of Assistant Inspector in relation to appointment, promotion and termination of appointment, re-engagement for further service on or after completion of an initial period of service; retirement on or after reaching voluntary retirement age, are hereby vested in the Principal Commissioner.

(2) The appointments, re-engagements, termination of appointments and remunerations of special staff shall be made by the Principal Commissioner as he shall deem fit from time to time.

6. Declaration on enlistment

(1) Every Prison Officer shall, on appointment to or enlistment in the Service make a declaration of allegiance before a Senior Prison officer or a Commissioner for oaths in such manner as he may declare to be most binding on his conscience, in such terms as may be determined by the Principal Commissioner.

(2) A person who would be required under paragraph (1) to make a declaration of allegiance on appointment or enlistment shall, before making the declaration, answer truthfully any questions which may be put to him as to his previous employment or occupation and as to whether he has at any time been convicted of a criminal offence.

7. Enlistment and re-engagement

(1) Enlistment in any rank below that of Assistant Inspector, shall be for a period of three years or such less period as may from time to time be determined by the Principal Commissioner. On the completion of the first period of service or within three months before such completion the Principal Commissioner or his delegate may, in his discretion, approve re-engagement for a further period of three years or such less period as may from time to time be determined by the Principal Commissioner, and may similarly approve further re-engagement.

(2) No person who is under the age of eighteen years shall be enlisted without the prior consent of his parent or guardian or, if his parent or guardian cannot be found, without the prior approval of the District Commissioner of the district in which such person normally resides.

(3) If any non-pensionable prison officer below the rank of Assistant Inspector, offers to re-engage for service within six months after having received his discharge he shall, if there is a vacancy and if the Principal Commissioner, approves of his re-engagement, be entitled to the rank or grade he held at the date of his discharge and his service shall, if the Principal Commissioner approves, be deemed to be continuous for the purposes of eligibility to receive a gratuity prescribed under the provisions of the Act.

(4) A non-pensionable prison officer below the rank of Assistant Inspector, may be permitted to re-engage for service after the expiration of six months from the date of his discharge and in such a case the Principal Commissioner may, allow his previous service or part thereof to count for the purposes of eligibility to receive a gratuity under the provisions of the Act, and may determine, in his discretion, the rank or grade in which such officer shall be re-engaged.

8. Previous service may be taken into account for gratuity

(1) If a non-pensionable Inspector, who has previously served in an approved prisons service or in the Police Force of the United Republic is enlisted in the Service within six months after having received his discharge from such previous service, he may be allowed to count for the purposes of the computation of the gratuity for which he may become ultimately eligible under the provisions of the Act, his period of service in such prisons service or Police Force as if it had been in the service:

Provided that any period of such previous service in respect of which a gratuity has been paid or a pension is being enjoyed shall not be so counted.

(2) In this regulation "approved prison service" means a prison service constituted similarly to the service and approved by the Principal Commissioner for the purposes of this regulation.

9. Admission to pensionable status

(1) A Prison Officer below the rank Assistant Inspector, who has completed not less than twelve years' continuous service may be admitted to pensionable status on his applying to the Principal Commissioner for such admission and on the recommendation of the delegate as to his suitability to be granted such pensionable status.

(2) A Prison Officer admitted to pensionable status under this regulation shall be confirmed in his appointment and shall cease to be eligible to receive a gratuity under the provisions of the Act.

10. Discharge on completion of service

Subject to the provisions of these Regulations, every non-pensionable prison officer below the rank of Assistant Inspector shall, in accordance with the provisions of these Regulations, be discharged by the Officer-in-charge at the place where the Prison Officer is stationed:

Provided that if at the date of such completion of service the Prison Officer is undergoing punishment for or stands charge with the Commission of any offence against discipline under these Regulations his service shall be prolonged and his discharge deferred until he shall have suffered such punishment or until he has been tried for the offence charged and has been acquitted or has suffered any punishment which may be imposed in respect of that offence.

11. Discharge on other grounds

Any prison officer below the rank of Assistant Inspector may at any time be discharged by the Principal Commissioner–

(a) if after investigation and after giving the Prison Officer an opportunity to make representations, the Principal Commissioner considers that he is unlikely to become or has ceased to be an efficient Prison Officer;

(b) if he is found by a Government Medical Practitioner to be mentally or physically unfit for further service;

(d) on reduction of establishment;

(e) on purchase of his discharge, with the approval of the Principal Commissioner, at the following rates–

(i) one month's gross salary during the first year of service;

(ii) 75% of monthly gross salary during the second year of service;

(iii) 50% of monthly gross salary during the third or any subsequent year of service:

Provided that the Principal Commissioner shall have power to waive payment of the whole or part of the Payment for purchase of discharge in such circumstances and upon such conditions as he may deem fit.

12. Calculation of Service for the purpose of discharge

In calculating the service of a non-pensionable prison officer for the purposes of discharge there shall, in all cases, be excluded therefrom any period during which the Prison Officer has been absent from duty in any of the following circumstances–

(a) imprisonment for any cause except that of detention awaiting any trial which results in his acquittal or discharge;

(b) desertion;

13. Certificate of discharge

Every prison officer who is discharged under the foregoing provisions of these Regulations shall be granted a certificate of discharge in such form as the Principal Commissioner may determine and shall until he has received such certificate of discharge, remain subject to the provisions of the Prisons Act *.

PART IV
RANKS AND DESIGNATION (regs 14-17)

14. Specification of ranks

The specification of ranks and designation in the Prisons Services shall be as the Minister may by notice in the Gazette prescribe under the Prisons Act *.

15. Seniority of Prison Officers

(1) A Senior Prison Officer shall take seniority over all subordinate prison officers.

(2) Senior Prison Officers shall take seniority among themselves, and Subordinate Prison Officers among themselves in accordance with the specification of ranks and designation in the Prisons Service as the Minister may by notice in the Gazette prescribe under the Prisons Act *.

(3) A Senior Prison Officer or a Subordinate Prison Officer shall take seniority within his rank from the date of enlistment or promotion to the rank applicable, except that the Principal Commissioner may grant additional seniority.

16. Order of seniority on reduction or promotion after reduction of rank

The Principal Commissioner may prescribe the condition under which seniority may be adjusted on–

(a) reduction of rank;

(b) promotion after reduction of rank.

17. Seniority from same date and command

(1) When Senior Prison Officer or Subordinate Prison Officer hold the same rank with the same date of seniority, their seniority among themselves shall, unless the Principal Commissioner otherwise directs' be determined by their seniority in their immediate previous rank.

(2) Unless the Principal Commissioner otherwise directs the order in which the names of Prison Officers appear in the Current service register shall be the evidence of their relative seniorities.

(3) In case not otherwise provided for in the Prisons Service Regulations, the Senior Prison Officer present, or in the absence of a Senior Prison Officer the Senior Subordinate Prison Officer present, shall exercise command.

PART V
DISCIPLINE (regs 18-44)

18. Discipline

Subject to the provisions of this part of these Regulations, any offence against discipline or any other misconduct by any prison officer shall be dealt with in accordance with these Regulations.

19. Disciplinary authority in case of Subordinate Prison Officers

(1) The powers of discipline in respect of Subordinate Prison Officers of the rank below that of Assistant Inspector shall be exercised by the Principal Commissioner or his delegate to the extent set out or otherwise in accordance with the provisions of this part of these Regulations.

(2) The powers of discipline in respect of Subordinate Prison Officers of the rank of assistant inspector up to Inspector shall be the Principal Commissioner and the final disciplinary authority is vested in the Commission.

20. Disciplinary authority in case of officer of or above the rank of Assistant Superintendent

Subject to the provisions of section 7(3) of the Act, the disciplinary authority in the case of any Prison Officer of the rank of Assistant Superintendent up to and including that of assistant Commissioner shall be the Principal Commissioner, and the final disciplinary authority is vested in the Commission.

21. Disciplinary authority for officers of or above the rank of Senior Assistant Commissioner

The disciplinary authority for officers of or above the rank of Senior Assistant Commissioner of Prisons shall be the Permanent Secretary and the final disciplinary authority shall be the President as stipulated under section 7(2) of the Act.

22. Offences against discipline

Any Prison Officer who–

(i) persuades or endeavours to persuade, procures or attempts to procure, or assists, any Prison Officer to desert, or being cognizant of any such desertion or intended desertion does not without delay give information thereof to his Superior Officer;

(ii) uses violence against a Prison Officer;

(iii) is disrespectful in word, act or demeanour to his Superior Officer;

(iv) refuses to obey or wilfully disobeys or neglects to obey any lawful command;

(v) renders himself unfit for duty by excessive use of intoxicating liquor or stupefying drugs;

(vi) drinks intoxicating liquor on duty;

(vii) is drunk on duty or in any prison lines or in any place whilst wearing uniform;

(viii) absents himself without leave;

(ix) is asleep whilst on duty;

(x) being under arrest or in confinement, leaves or escapes from his arrest or confinement before he is set at liberty;

(xi) is guilty of cowardice;

(xii) fires any firearm without order or just cause;

(xiii) without cause fails to appear at any parade appointed by his superior officer;

(xiv) pawns, sells, loses by neglect, makes away with, wilfully damages of fails to report any damage to any arm, ammunities, accoutrement, uniform or other article supplied to him or any property committed to his charge;

(xv) is in unlawful possession of any public property or any property of any other member of the service or any property of any prisoner;

(xvi) solicits or accepts any fee, bribe or gratuity;

(xvii) is idle or negligent in the performance of his duty;

(xviii) is slovenly, inattentive, uncivil or quarrelsome;

(xix) parades for duty dirty or untidy in his person, arms, clothing or equipment;

(xx) without due authority discloses or conveys any information concerning any Service matter;

(xxi) makes or signs any false statement in any official record or document;

(xxii) makes or joins in making any anonymous complaint;

(xxiii) malingers or feigns or wilfully causes any disease or infirmity;

(xxiv) incurs any debt in or out of the Service which he is unable to discharge;

(xxv) without proper authority extracts from any person carriage, porterage or provisions;

(xxvi) resists an escort whose duty it is to apprehend him or have him in charge;

(xxvii) makes any false statement on becoming a prison officer;

(xxviii) refuses or neglects to make or send any report or return which it is his duty to make or send;

(xxix) makes a false accusation against any prison officer or prisoner knowing such accusation to be false;

(xxx) engages without authority in any employment other than his duty as a Prison Officer;

(xxxi) becomes security for any person or engages in any loan transaction with any prison officer without the permission in writing of the Principal Commissioner;

(xxxii) if called upon by the Principal Commissioner to furnish a full and true statement of his financial position fails to do so;

(xxxiii) wilfully disobeys any regulation or order of the service;

(xxxiv) permits or by negligence allows any prisoner to escape who is committed to his charge or whom it is his duty to keep or guard;

(xxxv) uses unwarrantable personal violence to any prisoner;

(xxxvi) permits any prisoner to commit any offence against prison discipline;

(xxxvii) allows unauthorized persons to communicate with prisoners;

(xxxviii) brings any prohibited article into prison;

(xxxix) traffics with any prisoner;

(xl) directly or indirectly requests or demands or accepts to accept any commission, gift, fee, reward or any other consideration whatsoever whether pecuniary or otherwise, from any person as an inducement to omit or neglect to perform his duty properly or to do anything in conflict with his duty, or fails neglects to report or immediately in writing to his superior officer or head of the prison, as the case may be that any such offer has been made to him;

(xli) directly or indirectly borrows money from or through a member of lower rank or from or through a special warder, or places himself under pecuniary obligation to a junior rank or outside the service;

(xlii) other than in the course of his duties, without the permission of the Principal Commissioner, knowingly associates in any manner with an ex-prisoner or with a relative or friend of prisoner;

(xliii) admits an unauthorised person into a prison or any portion thereof without the permission of the Principal Commissioner, or delegate or Officer-in-charge;

(xliv) knowingly employs a discharged prisoner without the permission of the Principal Commissioner;

(xlv) commits or causes or permits any act to be committed or connives at any act which is prejudicial to the administration, discipline and efficiency of the Prisons Service or to the authority or position of a member of the Prisons Service;

(xlvi) makes use of his position in the Prisons Service to promote or to prejudice the interests of any political party;

(xlvii) withholds, misapplies, unlawfully uses, loses by neglect or wilfully damages state property of another member, mess, canteen, library, fund, club or other prison institution or property belonging to a prisoner; or

(xlviii) act or omission involving corrupt practices;

(xlix) act or omission which tends to bring the Prisons Service into disrepute;

(xlx) insubordination;

(xlxi) using without consent of the prescribed authority any property or facilities for the purpose of the Prisons Service for some purposes not connected with Prisons Service;

(xlxii) engaging in any activity outside his official duties which is likely to lead to his taking improper advantage of his position in the Prisons Service;

(xlxiii) refusal to comply with an order or malingering regarding a posting to a station;

(xlxiv) failure to perform satisfactorily any duty imposed upon the officer;

(xlxv) is guilty of any act, conduct, disorder or neglect to the prejudice of good order or discipline of the Service or security of a prison in violation of duty in his office, or any other misconduct as a member of the service not hereinbefore specified,

shall be deemed to have committed an offence against discipline and shall suffer punishment according to the offence in accordance with the provisions of these regulations.

23. Procedure at inquiries into disciplinary offences of Prison Officers below the rank of Assistant Inspector

(1) Where it appears to a Senior Prison Officer that there is a prima facie case against a Subordinate Prison Officer below Assistant Inspector Officer (hereinafter in this regulation referred to as "the defaulter") for an offence against discipline, he shall frame a charge or charges against the defaulter in Prison Form No. 55.

(2) The Senior Prison Officer aforesaid may–

(a) proceed to hear the charge or charges himself; or

(b) report the charge to the Principal Commissioner, who may proceed to hear the charge or charges himself; or remit the case to the reporting officer with instructions to hear the charge or charges, or appoint another Senior Prison Officer to hear the charge or charges.

(3) The Senior Prison Officer shall inform the defaulter of the day upon which the charge or charges against him will be investigated and that the defaulter will be required to appear and defend himself.

(4) The charge or charges shall first be read over to the defaulter who shall be required to plead guilty or not guilty to each charge separately.

(5) The defaulter shall be given copies of or reasonable access to such prison records and other documents as he requires, which are necessary to enable him to prepare his defence, other than any records or documents in respect of which the Attorney-General is of the opinion that privilege could be claimed before a court.

(6) The Senior Prison Officer shall have the right to call such witnesses, including prisoners, as he considers necessary for the proper hearing of the case and the defaulter shall have the right to call such witnesses, including prisoners, as are reasonably required for his defence. If witnesses are examined by a Senior Prison Officer, the defaulter shall be given an opportunity to put questions on his own behalf to the witnesses, and no documentary evidence shall be used against him unless he has been previously supplied with a copy thereof or given access thereto.

(7) Evidence shall not be taken on oath.

(8) At the conclusion of the hearing the Senior Prison Officer shall announce his findings on each charge or may reserve his findings. As soon as the Senior Prison Officer announces his findings he may make an award which he shall communicate personally to the defaulter.

(9) The Principal Commissioner may, at any time before a finding has been communicated to an accused Subordinate Prison Officer, direct the Senior Prison Officer to review his findings upon any grounds he thinks fit:

Provided that nothing in this paragraph shall be deemed to authorise the review of a finding of not guilty.

(10) Upon any review under the preceding paragraph, the Senior Prison Officer may re-hear the case in whole or part, and may take further evidence.

24. Punishment of Subordinate Prison Officer of the rank below Assistant Inspector

(1) Any of or more of the following punishments may be awarded by a Senior Prison officer on a Subordinate Prison Officer of the rank below Assistant Inspector who is found guilty of an offence against discipline–

(i) reprimand or severe reprimand;

(ii) extra duties or fatigues not exceeding four days;

(iii) confinement to quarters not exceeding fourteen days;

(iv) a fine not exceeding one-quarter of one month's pay;

(v) stoppage, withholding or deferment of any increment of salary for which the officer may be eligible;

(vi) reduction in rank or seniority;

(vii) in the case of a charge relating to damage or loss of Government or a prisoner's property, payment of the value of the property damaged or lost;

(viii) transfer on misconduct;

(ix) termination of appointment;

(x) dismissal.

(2) A punishment awarded under this regulation by a delegate which amounts to dismissal, reduction of rank, transfer on misconduct, termination of appointment, payment of the value of the property damaged or lost and stoppages of salary increment shall be subject to confirmation by Principal Commissioner.

(3) Transfer on misconduct implies forfeiture of all allowances payable on normal transfers except the affected prison officer shall be provided with transport assistance from old station to new station.

(4) Whether any punishment awarded by a Senior Prison Officer under the provisions of this regulation requires the confirmation of the Principal Commissioner or not, the Principal Commissioner may vary or remit any punishment so awarded:

Provided that no punishment shall be increased or any punishment added unless the accused has been given an opportunity of being heard by the Principal Commissioner.

25. Procedure at inquiries into Disciplinary Offences of Inspectors

(1) Where it appears to the Senior Prison Officer under whose command an Inspector is employed, that there is a prima facie case discipline, he shall so inform the Inspector and invite him to submit his explanation in writing before a day to be specified. After the expiration of the period specified, the Senior Prison Officer shall report the facts of the case together with any explanation received from the Inspector to the Principal Commissioner.

(2) The Principal Commissioner shall determine whether or not a charge or charges shall be preferred against the Inspector and, if a charge or charges is or are to be preferred, the nature thereof. The charge or charges shall be served upon the Inspector and a notice shall be given to him that he is required to plead guilty or not guilty to such charge in writing within seven days. If the Inspector pleads guilty to any charge or charges, he may communicate in writing with his plea any matter which he desires to be taken into consideration in connection therewith, and, if such plea is accepted by the Principal Commissioner such charge or charges shall thereafter be dealt with by the Principal Commissioner. In any other case, the Principal Commissioner shall either proceed to inquire into the charge himself or appoint one or more Senior Prison Officers to do so.

(3) The Principal Commissioner may appoint a prosecutor for any inquiry and the Inspector charged shall, whether a prosecutor is appointed or not, have the right to be represented by another Inspector or, with the approval of the Principal Commissioner, a Senior Prison Officer who may conduct his defence on his behalf. No advocate may appear before any inquiry on behalf of an Inspector charged.

(4) The Inspector charged shall be given copies of or reasonable access to such prison records and other documents as he requires which are necessary to enable him to prepare his defence, other than any records or documents in respect of which the Principal Commissioner is of the opinion that privilege could be claimed before a court.

(5) The Inquiry officer shall inform the Inspector charged of the day upon which the charge or charges against him will be investigated, and that the Inspector will be required to appear before it to defend himself.

(6) If witnesses are examined by Inquiry officer the Inspector charged shall be given an opportunity to put questions on his own behalf to the witnesses, and no documentary evidence shall be used against him unless he has been previously supplied with a copy thereof or given access thereto.

(7) Evidence shall not be taken on oath.

(8) When the hearing of the inquiry has been concluded, the Inquiry officer shall come to a finding of the charges and–

(a) if the Principal Commissioner is the Inquiry officer, he may give his finding forthwith and, if he finds the Inspector guilty of any of the charges against him, make an award or reserve his finding and award (or his award only), or, if having found the Inspector guilty of any of the charges against him, he considers that the circumstances of the case are such as to merit dismissal, he shall report the case to the Permanent Secretary together with a record of all the proceedings therein and his finding and recommendation for dismissals, and the Permanent Secretary may dismiss the Inspector or award any lesser punishment or remit the case to the Principal Commissioner in which case the Principal Commissioner may award any punishment which he has power to award under Regulation 26;

(b) if the Principal Commissioner is not the inquiry officer, the appointed inquiry officer, if he finds the Inspector guilty of any charges, shall forward the record of the inquiry together with his findings and recommendations to the Principal Commissioner, whereupon the Principal Commissioner may–

(i) confirm all or any of the findings or substitute for any finding at which the Inquiry officer could have arrived upon the evidence, and himself make an award in relation thereto or, if he considers that the circumstances of the case are such as to warrant dismissal, proceed in accordance with the provisions of subparagraph (a) of this paragraph; or

(ii) quash any finding and acquit the defaulter in respect thereof or order a retrial on such charge or changes as he may specify.

(9) Where an inspector has pleaded guilty in writing and such plea is accepted by the Principal Commissioner, it shall operate in all respects as a finding of guilty by the Inquiry Officer.

26. Punishment of Inspectors

(1) The punishments provided for under regulation 24 may be awarded to an inspector who pleads or has been found guilty of an offence against discipline:

Provided that where the Principal Commissioner is of the opinion that the gravity of any charge which is found to have been proved warrants the infliction of any of the following punishments–

(a) dismissal, that is termination of appointment with forfeiture of all retirement benefits in accordance with the provisions of any law for the time being in force; or

(b) termination of appointment otherwise than by dismissal; or

(d) reduction in salary,

(2) Where a report is submitted by the Principal Commissioner under this regulation the Permanent Secretary shall consider the report and–

(a) may, if he is of the opinion that the report should be amplified or that further investigation is desirable, refer the matter back to the Principal Commissioner for further investigation and report;

(b) shall, after considering any further report, determine the punishment, if any, to be inflicted and inform the accused officer of such determination.

Disciplinary Proceedings: Senior Prison Officers

27. Types of proceedings

Disciplinary proceedings in relation to senior Prison Officers may be either formal or summary.

28. Cases where formal proceedings applicable

29. Cases where summary proceedings applicable

Summary proceedings shall be instituted where, in the opinion of the disciplinary authority, the disciplinary offence which the officer is alleged to have committed is not of such gravity as to warrant in the event of his being found guilty thereof, his dismissal, termination of appointment, reduction in rank or reduction in salary.

30. Commencement of formal proceedings

(1) No formal proceedings for a disciplinary offence shall be instituted against a Senior Prison Officer unless after he has been served with a copy of the charge stating the nature of the offence which he is alleged to have committed.

(2) The charge shall be prepared by the disciplinary authority and order such preliminary investigation as he may consider necessary, and the disciplinary authority may consult the Attorney-General on the formulation of the disciplinary charge.

(4) Where a disciplinary charge has been drawn up, the disciplinary authority shall cause the same to be served upon the officer.

(5) Every charge shall be accompanied by a notice addressed to the accused officer inviting him to state in writing within such period as may be specified in the notice the ground upon which he relies to exculpate himself.

(6) No formal proceedings instituted under this Regulations shall be invalid by reason only of any irregularity in the formulation of the charge.

(7) The powers conferred upon the disciplinary authority by this regulation may where the Commissioner is disciplinary authority, be exercised by the Permanent Secretary under whom the accused officer serves.

31. Inquiry into disciplinary charge

(1) Where an officer has been served with a charge in accordance with the provisions of Regulation 30 and fails to make representations in writing giving the ground upon which he relies to exculpate himself, within the period specified in the notice accompanying the charge or makes representation which, in the opinion of the disciplinary authority or the Permanent Secretary acting under the authority of paragraph (7) of Regulation 30 as the case may be, do not amount to a complete defence of the offence with which the accused officer is charged, the disciplinary authority or the Permanent Secretary, as the case may be shall–

(a) himself conduct an inquiry into the charge; or

(b) every inquiry into a charge under paragraph (1) shall be in accordance with the procedure prescribed by these Regulations.

(2) Every inquiry into a charge under paragraph (1) shall be in accordance with the procedure prescribed by these Regulations:

(3) Where the disciplinary authority or, as the case may be, the Permanent Secretary is satisfied that the representations made by the accused officer, pursuant to the notice served upon him under Regulation 30 amount to a complete admission of the charge or charges against him, it shall not be necessary to hold any further inquiry or investigation in respect of such charge or charges, but the disciplinary authority or the Permanent Secretary shall record a finding of guilty and the proceedings shall proceed as if the accused officer has been found guilty after an inquiry.

32. Certain persons not to be appointed as inquiry officers

No person shall be appointed an inquiry officer unless he is of a rank higher than the rank held by the accused officer and in any case must be a gazetted Prison Officer.

33. Inquiry procedure in formal proceedings

(1) In this regulation and Regulation 34, "officer conducting the inquiry" means the Inquiry Officer and includes, in cases where the inquiry is being conducted by the Commission, such Commission.

(3) The officer conducting the inquiry shall notify the accused officer of the day, date, time and place upon and at which the inquiry shall be held.

(4) The accused officer shall have a right to be present, examine witnesses and be heard at the inquiry:

Provided that failure by the accused officer to be present or represented at the inquiry shall not vitiate the proceedings.

(5) The officer conducting the inquiry may permit the accused officer and the disciplinary authority to be represented by any public officer or advocate:

Provided that where either party is permitted to be so represented, the other party shall also be so permitted.

(6) The accused officer or, where he is represented by a public officer or an advocate shall have a right–

(a) to cross-examine any witness examined by the officer conducting the inquiry or by the disciplinary authority or his representative;

(b) to examine and make copies of any document produced as evidence against him;

(8) The officer conducting the inquiry shall record the list of the evidence adduced before him.

(9) Any inquiry heard under this regulation shall not be open to the public.

(11) Where any additional charge is formulated in accordance with the provisions of paragraph (10), the officer conducting the inquiry shall proceed to inquire into the same and may recall any witness for further examination or cross-examination.

(12) Subject to the foregoing provisions of this regulation an officer conducting the inquiry may regulate the procedure at the inquiry in such manner as he may think fit.

34. Procedure on the conclusion of inquiry

(2) Every report under paragraph (1) shall–

(a) state whether in the opinion of the officer conducting the inquiry the charges against the accused officer have been proved;

(b) state reasons for such opinion;

(c) state any fact which, in the opinion of the officer conducting the inquiry, aggravates or mitigates the gravity of the act or omission which was the subject;

(d) state any other fact which in the opinion of the officer conducting the inquiry is relevant:

Provided that no such report shall contain any recommendation as to the form or nature of the punishment to be awarded.

(4) Upon receipt of the record of proceedings and the report of where the disciplinary authority himself conducted the inquiry, upon conclusion of the inquiry, the disciplinary authority shall, after considering the evidence and, where the inquiry was not conducted by him, the report of the officer conducting the inquiry make and record a finding whether, in his opinion, the accused officer is guilty of the disciplinary offence with which he was charged.

(5) Where the disciplinary authority's finding as to the guilty or innocence of the accused is contrary to the opinion of the officer conducting the inquiry as expressed in his report, the disciplinary authority shall record his reasons for the finding.

(6) Where the disciplinary authority finds the accused officer guilty, he shall proceed to award punishment:

Provided that where the disciplinary authority is a person exercising powers conferred upon him by regulation 20 of these regulations, he shall not impose any of the following punishments–

(a) dismissal;

(b) termination of appointment;

(d) reduction in salary,

but shall, if in his opinion, the case is of such gravity as to warrant any of the foregoing punishments being imposed, refer the case to the Permanent Secretary who shall proceed to award such punishment as he may consider appropriate.

35. Procedure in summary proceedings

(1) Where the disciplinary authority decides to institute summary proceedings against an accused officer he shall cause a statement giving particulars of the charge or charges to be prepared and served upon the accused officer.

(2) The disciplinary authority shall appoint the date, time and place for the investigation of the charge or charges and shall give the accused officer notice of the same.

(3) The accused officer shall have a right to be present at the investigation and make his defence:

Provided that failure by the accused officer to be present at the investigation shall not vitiate the proceedings.

(4) The investigation of the charge or charges shall be carried out in such manner as the disciplinary authority may determine.

(5) Upon the conclusion of the investigation the disciplinary authority shall make a finding whether in his opinion, the accused officer is guilty of the offence or offence with which he is charged and if the disciplinary authority finds the accused officer guilty, he shall proceed to award such punishment as he may consider appropriate:

Provided that under no circumstances shall on investigation under this regulation, the accused officer be punished by:

(a) dismissal; or

(b) termination of appointment; or

(d) reduction in salary.

(6) The disciplinary authority may authorize any officer who is on pensionable terms and holds a rank senior to the rank held by the accused officer, to exercise all or any of his powers under paragraphs (1), (2), (3) and (4) of the Regulation.

(7) Where an officer authorized in accordance with paragraph (6) holds an investigation–

(a) the provisions of paragraphs (1), (2), (3) and (4) shall apply as if references therein to the disciplinary authority were references to the officer so authorized;

(b) upon the conclusion of the investigation the person so authorized shall submit his report thereon to the disciplinary authority, who shall proceed to make a finding as to the guilty or innocence of the accused officer and in the event of the accused officer being found guilty, proceed to award punishment in accordance with the subject to the limitations imposed by the provisions of paragraph (5).

(8) Where an investigation under this Regulations is being or has been held, the disciplinary authority may at any time before awarding punishment, institute formal proceedings against the accused officer, if in the opinion of the disciplinary authority, the evidence adduced discloses facts which add to the gravity of the charge or charges or which show that the accused officer has or may have committed other disciplinary offence warranting formal proceedings.

36. Punishment of Senior Officers

(1) The following punishments may be imposed upon a Senior Officer as a result of proceedings under this Part of these Regulations–

(a) dismissal, that is, termination of appointment with forfeiture of all retirement benefits and other privileges in accordance with the provisions of any law for the time being in force;

(b) termination of appointment otherwise than by dismissal;

(d) reduction in salary;

(e) stoppage of increment, that is, non-payment for a specified period of an increment otherwise due;

(f) fine of an amount not exceeding one quarter of a month's salary;

(g) written reprimand;

(h) written warning;

(i) oral warning;

(j) the recovery of the amount of any loss caused to the government or the value of any property of the government destroyed or damaged or the cost of repairing any property destroyed or damaged, by the officer by any act or omission or by reason of his failure to take reasonable care or to discharge his duties in a reasonable manner;

(k) in the case of an officer who is the holder of a non-pensionable post, suspension from duty with consequent loss of pay and allowances for a period not exceeding fourteen days.

(2) If the punishment specified in subparagraph (b) of paragraph (1) of this regulation is to be imposed to a pensionable officer the disciplinary authority shall invoke the procedure for retirement by age or retirement in public interest as per prevailing public policy.

(3) Where an officer by his act of omission, or by his negligence or misconduct, or by reason of his failure to take reasonable care or to discharge his duties in a reasonable manner, causes the government to suffer any loss or causes damage to any property of the government, the amount of such loss or the value of the property damaged or an amount equal to the cost of repairing such property or such portion of such amount or value, as the appropriate authority may determine, may be recovered from such officer under the provision of the Public Officers (Recovery of Debts) Act * independently of these Regulations.

(4) Where steps have been taken to recover any of the amount or value as provided for under the Public Officers (Recovery of Debts) Act * it shall not be unlawful for disciplinary proceedings for the act, omission, negligence, failure to make reasonable care or failure to discharge a duty in a reasonable manner, being instituted under these Regulations:

Provided that where such proceedings are instituted, the punishment specified in subparagraph (j) of paragraph (1) of this regulation shall not be awarded save to the extent of the difference between the actual amount of the loss incurred by the government or, as the case may be, the actual value of the property or the actual cost of repairing such property, and the amount to be authorized to be recovered under the Public Officers (Recovery of Debts) Act *.

(5) Where an officer who has become liable to pay any amount to the government by reason of his negligence, misconduct, failure to take care, failure to discharge his duties in a reasonable manner or other act or omission is convicted under section 284A of the Penal Code * for the act or omission or other circumstances giving rise to that liability, and the court has ordered the officer to pay to the government compensation under subsection (7) of the said section 284A, any amount ordered to be recovered from the officer by a disciplinary authority under subparagraph (j) of paragraph (1) of this regulation or by an appropriate authority under provisions of the Public Officers (Recovery of Debts) Act *, the order of the disciplinary authority or, as the case may be, of the appropriate authority–

(a) if the amount ordered to be recovered by the disciplinary or, as the case may be, the appropriate authority, exceeds the amount of the compensation ordered under section 284A of the Penal Code *, shall be effective only to the extent of the difference between the two amounts;

(b) if the amount ordered to be recovered by the disciplinary authority or, as the case may be, the appropriate authority, is less than the amount of the compensation ordered under section 284A of the Penal Code *, shall cease to have effect.

(6) Notwithstanding the provisions of paragraph (3) where disciplinary proceedings are instituted or an officer is punished under these Regulations after his conviction under section 284A of the Penal Code *, it shall be lawful for the disciplinary authority to order that an amount equal to the difference between the actual amount of the loss, the value of the property or the cost or repaires and–

(a) the amount of the compensation awarded under section 284A of the Penal Code *; or

(b) where steps have also been taken to recover any amount from the officer under the Public Officers (Recovery of Debts) Act *, the aggregate of the amount which may, subject to the provisions of paragraph (3), be recovered under that Act and the amount of compensation awarded under section 284A of the Penal Code *, be recovered from the officer by way of punishment.

(7) In this regulation the term "appropriate authority" shall have the meaning assigned to that term by the Public Officers (Recovery of Debts) Act *.

37. Appeals

(1) Any prison officer of the rank of Assistant Inspector up to and including that of the Assistant Commissioner aggrieved by an award made by or confirmed by the Principal Commissioner or the Permanent Secretary as the case may be may within seven days of the notification to him thereof, appeal in writing against the same to the Commission.

(2) Upon such appeal the Commission may either allow or dismiss the appeal or may uphold the finding and confirm or remit the punishment or substitute any other punishment which could have been imposed in accordance with paragraph (1) of Regulation 25.

(3) Any prison officer of the rank above Assistant Commissioner aggrieved by an award made by or confirmed by the Commission may within seven days of the notification to him thereof, appeal in writing against the same to the President.

(4) Any prison officer below the rank of Assistant Inspector, aggrieved by any finding or award made by the officer in-charge prison, the Regional prison officer or any other senior officer may, within seven days of the notification to him thereof appeal in writing to the Principal Commissioner and the Principal Commissioner may confirm or vary any finding or remit any punishment awarded and in all such cases the decision of the Principal Commissioner shall be final.

(5) Where the Principal Commissioner hears any new evidence on appeal, he shall give the appellant an opportunity of being present and putting questions to any witnesses so heard.

(6) In every case in which an appeal is lodged, the punishment shall be suspended during the hearing of the appeal.

38. Rules where disciplinary offence amounts to criminal offence

(1) Where an officer is alleged to have committed a disciplinary offence and the act or omission constituting such offence also constitutes a criminal offence under any written law then notwithstanding the provision of any law to the contrary, the following rules shall apply–

(a) if no disciplinary proceedings under these Regulations have been commended in respect of the disciplinary offence in these Regulations referred to as "criminal proceedings" are instituted against the accused officer in any court of law, then no disciplinary proceedings shall be commended until after the conclusion of the criminal proceedings;

(b) if disciplinary proceedings have been commenced and during the pendency of such proceedings criminal proceedings, for criminal offence are instituted, the disciplinary proceedings shall be stayed and no further step shall be taken in respect of that disciplinary proceeding until after the conclusion of the criminal proceedings;

(i) if the officer is acquitted of the criminal charge on a legal technicality, the acquittal shall not be a bar to disciplinary proceedings against the accused officer on the same charge or on a charge based on the same facts being continued or instituted against the accused officer, and such disciplinary proceedings may be continued or instituted against the officer and the officer may be punished for that disciplinary offence as if no criminal proceedings had been instituted against him;

(ii) if the officer is convicted of the criminal charge, the disciplinary authority may suspend the officer from the exercise of the powers and functions of his office pending consideration of his case under the provisions of this regulation;

(d) where the officer has been convicted of a criminal offence, he shall be deemed to have been found guilty under the provision of these Regulations of a disciplinary offence based upon the same charge or the same facts which formed the ground of the criminal charge of which he was convicted, and the disciplinary authority shall, without continuing or instituting any disciplinary proceedings, proceed to punish the officer of the disciplinary offence:

(i) no officer shall be punished under this paragraph until after he has been served with a notice specifying–

A. the disciplinary offence of which he is deemed, under the provision of this paragraph, to have been found guilty;

B. the punishment which the disciplinary authority proposes to impose;

C. the time within which that officer may make such plea in mitigation as he may consider fit, and without the disciplinary authority having taken into consideration any plea made by the officer within the time specified in the notice;

(ii) where the accused officer has been convicted of a criminal offence which, in the opinion of the disciplinary authority, may warrant his dismissal from service, disciplinary proceedings shall be instituted against the officer, or where such proceedings were instituted prior to the commencement of the criminal proceedings, they shall be continued and the accused officer shall, subject to the provisions of subparagraph (f) be tried in accordance with Regulations 23, 25 and 30;

(e) where a notice under paragraph (i) of the proviso to subparagraph (d) is given to the officer, the disciplinary authority shall not be bound to impose the same punishment as that specified in the notice but may impose any lesser punishment;

(f) in any disciplinary proceedings under paragraph (ii) of the proviso to subparagraph (d), proof that the accused officer has been convicted of the criminal offence shall be conclusive evidence of the fact that he has committed the disciplinary offence based on the same facts;

(g) where an officer has been convicted of a criminal offence and prior to the commencement of the criminal proceedings he was found guilty by a disciplinary authority of a disciplinary offence based on the facts or upon which the subsequent criminal charge was based, it shall be lawful for the disciplinary authority, upon the conclusion of the criminal proceedings, to substitute for the disciplinary punishment imposed upon the accused officer in respect of the disciplinary offence, any other disciplinary punishment which, in the opinion of the disciplinary authority is warranted in view of the conviction of the officer of the criminal offence or in view of any evidence adduced at the criminal proceedings.

(2) For the purpose of this regulation, criminal proceedings shall be deemed to have been concluded–

(a) where there has been no appeal against the conviction or acquittal, upon the expiry of the time allowed for such appeal by or under any written law;

(b) where there has been an appeal or a further appeal against any conviction or acquittal, upon the expiry of time allowed by or under any written law for any further appeal.

(3) Where there has been an appeal or a further appeal against any conviction or acquittal, the judgement of appellate tribunal shall be taken into consideration in determining whether the officer has been convicted or acquitted.

(4) Nothing in subregulation (i) of the provision to paragraph (d) of subregulation (1) of this regulation shall be construed as precluding the disciplinary authority from instituting disciplinary proceedings against the officer convicted of a criminal offence independent of his conviction of such criminal offence:

Provided that where a disciplinary authority institutes disciplinary proceedings against an officer independent of his conviction of a criminal offence, then in the event of an appeal or further appeal against such conviction, the provisions of paragraphs (a), (b) and (c) of paragraph (1) shall apply.

(5) Where consequent upon his conviction on a criminal charge involving fraud or dishonesty on his part, an accused officer is, pursuant to the provisions of paragraph (ii) of the provision to subparagraph (d) of paragraph (1), punished by dismissal from the service for a similar disciplinary offence or for a disciplinary offence based on the same facts after formal proceedings having been taken against him, his dismissal shall taken effect from the date upon which he was convicted of the criminal offence.

39. Reprimands and warnings

Nothing in these Regulations shall be construed as prohibiting or restricting disciplinary authority or his delegate from issuing a reprimand for a warning of unsatisfactory work or conduct to any prison officer directly subordinate to him.

40. Desertion

(1) Any enlisted prison officer who while still a member of the service deserts therefrom shall be taken before a magistrate and tried for an offence against this Part of these Regulations.

(2) Where a prison officer is taken before a magistrate under this regulation, he shall be tried in the same manner as if he were charged with any other offence in a district court and shall be liable on conviction to a fine not exceeding three months pay or to imprisonment for a term not exceeding six months or to both such fine and imprisonment:

Provided that no proceedings shall be taken against any member of the Service under this regulation in respect of any offence for which he has already been punished under any other provisions of these Regulations, in respect of an offence if he has previously been acquitted or convicted of such an offence by a magistrate under this regulation.

(3) Nothing in the proviso to paragraph (2) of this regulation shall be construed as limiting or restricting the powers conferred on the Principal Commissioner by Regulation 41.

(4) Any prison officer who is ordered to be taken before a magistrate under paragraph (1) of this regulation, or any person suspected on reasonable grounds of being guilty of desertion may be arrested without a warrant by a prison officer of equal or senior rank.

41. Dismissal and reduction in rank of Prison Officer on conviction

The Principal Commissioner or any disciplinary authority may reduce in rank or may dismiss from Service any prison officer who has been convicted by any court of any offence, whether under the Prisons Act *, these regulations or otherwise, unless such officer has successfully appealed against such conviction. In the event of dismissal all arrears of pay due to such officer may be forfeited by order of the Principal Commissioner or any other appropriate disciplinary authority.

42. Pay not to accrue during imprisonment or absence

No pay shall accrue to any prison officer in respect of any period during which he is undergoing any sentence of imprisonment or during which he is absent without leave.

43. Interdiction and suspension

(1) Interdiction means the temporary removal of an officer from exercising the duties of his office while a disciplinary charge is being investigated.

(2) Suspension means the temporary removal of an officer from exercising the duties of his office after he has been convicted of a criminal offence under the Penal Code * until such time as the result of the disciplinary proceedings against him are known.

(3) Where an officer is suspended in accordance with the provisions of subparagraph (c) of paragraph (1) of Regulation 38 the officer shall, with effect from the date of suspension, cease to be entitled to receive any salary or other allowance:

Provided that the officer may be paid during the period of his suspension, an alimentary allowance in such amount and subject to such terms and conditions as the disciplinary authority may determine.

44. Fine to be recovered by stoppage of pay

(1) All fines or payments awarded against a prison officer in respect of an offence under these regulations may be recovered by stoppage of the offender's pay due at the time of committing such offence or thereafter accruing.

(2) The amount of stoppage in respect of any fine or for any other cause authorised by these Regulations shall be at the discretion of the disciplinary authority but shall in no case exceed one half of the monthly pay of the offender. Whenever more than one order of stoppage is in force against the same person so much only of his pay shall be stopped as shall leave him a residue of at least one half of his pay.

PART VI
REMUNERATION AND ALLOWANCES (regs 45-47)

45. Establishment of the Remuneration Board

(1) There is hereby established the prisons Remuneration Board for Tanzania Prisons Service, herein after referred to as "the Board".

(2) The Board shall consist of–

(a) the Minister as the Chairman;

(b) the Deputy Minister as the Vice-Chairman;

(d) the Principal Commissioner; and

(e) three (3) members to be appointed by the Minister with the advice of the Principal Commissioner.

(3) The functions of the Board shall be to review the rates of remuneration packages periodically and advise the Government accordingly.

46. Allowances payable

(1) All prison officers shall be entitled to the following allowances–

(a) Ration Allowance;

(b) Hardship Allowance;

(d) Night Duty Allowance.

(2) The following allowances shall be payable to eligible prison officers as may be prescribed–

(a) Professional Allowance;

(b) Special Duty Allowance;

(d) Outfit Allowance;

(e) Mileage Allowance;

(f) Instructors Allowance;

(g) Disturbance Allowance;

(h) Responsibility Allowance;

(i) Acting Allowance;

(j) Entertainment Allowance;

(k) Subsistence Allowance;

(l) Rent or Housing Maintenance Allowance;

(m) Batman Allowance.

47. Other allowances for Prison Officers

Without prejudice to the foregoing provisions, Prison Officers shall be entitled to any other allowances as stipulated from time to time by circulars from the Central Establishment Division.

PART VII
PENSIONS AND GRATUITIES (regs 48-53)

48. Application

The provisions of this part shall apply to non-pensionable prisons officers below the rank of Assistant Inspector.

49. When gratuity may be granted

A prison officer to whom this regulation applies shall, on discharge (other than discharge on dismissal from the service for misconduct) after a continuous good service extending over a period of not less than three years, be eligible to receive a gratuity calculated at the rate of four-fifths of a month's pay of the rank of the officer in which he was serving at the date of his discharge for every completed year of service.

50. Where Prison Officer dies while on contract

Any gratuity which would have been due and payable to a prison officer to whom this regulation applies dies before he had taken his discharge under the provisions of these Regulations shall in the event of his re-engaging for a further term and dying in the service before the completion of such term, be deemed to have be longed to him for the purposes of the administration of his estate.

51. Where death occurs before receipt of gratuity

Where a prison officer to whom this regulation applies having been discharged, dies before receipt by him of any gratuity for which he has become eligible under these Regulations, such gratuity shall be paid to the person authorised to administer his estate.

52. Recovery of debt from gratuity

Notwithstanding any of the provisions of these regulations, where at the time of the discharge of a prison officer to whom this regulation applies from the Prisons Service, such prison officer has failed to pay any outstanding canteen and welfare bills owed by him to any canteen or welfare or any other prison institution of the Prisons Service, any gratuity payable under Regulation 49 may, at any time be withheld until satisfactory arrangements have been made for settlement of such accounts, or bills as aforesaid either by the prison officer or by deduction or deductions from such gratuity.

53. Gratuity not assignable

Except as otherwise provided in these Regulations, a gratuity granted under Regulation 48 shall not be assignable or transferable except for the purposes of satisfying–

(a) a debt due to the Government; or

(b) an order of any competent court for the periodical payment of sums or money towards the maintenance of the wife or former wife or child of the prison officer to whom the gratuity has been granted.

PART VIII
MISCELLANEOUS PROVISIONS (regs 54-60)

54. Certain Prison Officers not to resign without permission

No prison officer below the rank of Assistant Inspector shall be at liberty to resign while serving a period of engagement or re-engagement unless expressly permitted to do so by the Principal Commissioner.

55. Resignation of Prison Officers of or above the rank of Assistant Inspector

No prison officer of or above the rank of Assistant Inspector shall be at liberty to resign while in the service unless expressly permitted to do so by the appointing authority.

56. Prolongation of Service in case of war, etc.

Notwithstanding any other provision of these Regulations, any prison officer whose period of service expires during a state of war, insurrection or hostilities may be retained as the Principal Commissioner may direct.

57. Other interests prohibited

No prison officer shall, without the consent in writing of the Principal Commissioner engage in any employment or office whatsoever otherwise than in accordance with the duties imposed on prison officers by or under the Prisons Act *.

58. Prohibition against joining trade unions and other associations

(1) No prison officer shall be or became a member of–

(a) any trade union or any body or association affiliated to a trade union; or

(b) any body or association the object or one of the objects of which is to control or influence the pay, pensions or conditions of the service,

other than a body or association which may be constituted and regulated pursuant to rules made by the Principal Commissioner.

(2) Any prison officer who contravenes the provisions of this regulation shall be guilty of misconduct and shall be liable to be dismissed from the Service and to forfeit all rights to any retirement benefits.

(3) If any questions arises as to whether any body is a body or association to which this regulation applies, the question shall be decided by the Principal Commissioner and his decision shall be final and conclusive.

59. Criminal offences in respect of disciplinary matters in grave or repeated offences

In every case where it shall appear to the officer investigating any charge that the offence would, by reason of the gravity or by reason of previous offences or for any other reason, not be adequately punished by any of the punishments mentioned in these Regulations, such officer shall defer awarding punishment and shall report the proceeding to the Principal Commissioner. The Principal Commissioner may return report for such further inquiry as he may deem necessary, or he may re-hear the case, or he may order the accused to be taken before magistrate and tried for an offence against this Part of these Regulations.

60. Where two or more disciplinary authorities have concurrent jurisdiction

(1) Where two or more disciplinary authorities have under these Regulations concurrent jurisdiction to institute disciplinary proceeding against an officer for the same offence and such proceedings have been commenced by any one of them, the officer shall not be subjected to disciplinary proceedings for the same offence by any other disciplinary authority:

Provided that a disciplinary authority who is senior in rank may require any disciplinary authority who is junior to him in rank to transfer to him any disciplinary proceedings commenced by such disciplinary authority junior in rank and upon such proceedings being transferred to him, the disciplinary authority senior in rank may proceed therewith as if the proceedings had been instituted by him.

(2) For the purpose of this regulation the Commission shall be deem to be the disciplinary authority senior most in rank.

PART IX
REVOCATION AND SAVINGS (reg 61)

61. Revocation and savings

(1) [Revokes the Civil Service (Prisons Service) Regulations *.]

(2) Notwithstanding the provisions of these Regulations, any other matters not covered in these Regulations shall be dealt with in accordance with Government Standing Orders, Staff Circulars and Prisons Standing Orders as issued and amended from time to time.

(3) Notwithstanding the provisions of paragraph (1), where on the date when these Regulations come into operation any proceedings, have been commenced under the former Regulations but have not been completed, the same shall be completed under the provisions of and in accordance with the former Regulations as if these Regulations were still in force. {/mprestriction}

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